[HISTORY: Adopted by the Common Council of the City of Franklin 12-1-1998
by Ord. No. 98-1521. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 169.
A.
The provision of §§ 252.23 to 252.245
of the Wisconsin Statutes and Wisconsin Administrative Code Chapter HFS 173
as they may be from time to time amended are adopted by reference and incorporated
into this section as if fully set forth herein.
Pursuant to § 252.245, Wis. Stats., the Franklin Health Department
is authorized to enter into a written agreement with the Department of Health
and Family Services to be the Department's agent for the licensing, investigating
and inspecting of tattooists and tattoo establishments and body piercers and
body piercing establishments.
A.
No tattoo establishment or body piercing establishment
shall be operated or maintained in the City of Franklin without first obtaining
a license.
B.
A license may be issued for only one tattoo establishment
or body piercing establishment at a fixed and certain place. Any operator
desiring to operate more than one tattoo or body piercing establishment must
have a license for each, except that a combination tattoo/body piercing establishment
license may be issued for one location.
C.
No license or interest in a license may be transferred
to any person, partnership or corporation.
D.
It shall be unlawful for any tattooist, body piercer
or operator to knowingly perform any service directly related to the operation
of a tattoo or body piercing establishment which does not have a valid license
pursuant to this section.
A.
Any person, partnership or corporation desiring to secure
a tattoo establishment, body piercing establishment or combination tattoo/body
piercing establishment license shall make application to the City Clerk.
B.
The application shall be on a form provided by the Health
Department and shall provide the following information:
(1)
The name(s) (including aliases), addresses and dates
of birth of the applicant, any partner or limited partner in a partnership
application, any shareholder holding more than 10% of the stock of a corporate
applicant and each corporate officer and director.
(2)
Written proof that each person required to be identified in § 226-4B(1) is at least 18 years of age.
(3)
The address of the establishment to be licensed.
(4)
Whether the applicant or any person required to be identified in § 226-4B(1) is currently operating or has previously operated, in this or any other municipality or state, under a tattoo or body piercing establishment license, whether the applicant or person required to be named in § 226-4B(1) has ever had such a license or permit suspended or revoked, the reason therefore and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
(5)
If the applicant is a corporation, the name of the corporation,
the date and state of incorporation and the name and address of the registered
agent.
(6)
Proof of ownership, lease or other legally enforceable
right to possess, use and control premises where the licensed establishment
is to be located.
C.
Failure or refusal of the applicant to completely and
truthfully provide responses to the application questions, to give any information
relevant to the investigation of the application or refusal to appear at any
reasonable time and place for examination regarding said application shall
constitute an admission by the applicant that the applicant is ineligible
for such license and shall be grounds for denial thereof.
Upon receipt of an application and fee, the City Clerk shall refer the
application to the Health Department, Police Department, Fire Department and
Building Inspection Department. The Health Department and each other department,
except the Police Department, shall make an investigation of the premises
to ensure that it complies with applicable state and local laws. The Police
Department shall make an investigation of the statements made in the application.
Each department shall notify the City Clerk as to the results of its investigation.
The City of Franklin Board of Health or its designee may grant a license
if all of the following conditions are met:
A.
That the business operation as proposed by the applicant
will comply with the provisions of this section and all other applicable rules,
regulations, ordinances and state law.
B.
That, subject to §§ 111.321, 111.322 and
111.335, Wis. Stats., the applicant, or any of the officers, directors or
persons holding more than 10% of the corporation stock or any of the partners
have not, within the five years immediately preceding the date of the application
been convicted of violating this chapter, or of any other offense substantially
related to tattooing or body piercing.
C.
That the applicant, if an individual, partners or the
officers, directors or persons holding more than 10% of the corporate stock,
if the applicant is a corporation, are at least 18 years of age on the date
of application.
D.
That the applicant has not knowingly made any false,
misleading or fraudulent statement of fact in the license application or other
information required in conjunction therewith.
E.
That the applicant, if a corporation, is licensed to
do business and is in good standing in the State of Wisconsin.
F.
That the applicant has substantially complied with all
building, zoning, plumbing, electrical, fire and health codes.
The following fees shall be assessed all applicants:
A.
A nonrefundable license fee as set forth in Ch. 169, Licenses and Permits, plus the State of Wisconsin administrative fee shall be submitted with the application for a tattoo establishment license.
B.
A nonrefundable license fee as set forth in Ch. 169, Licenses and Permits, plus the State of Wisconsin administrative fee shall be submitted with the application for a body piercing establishment license.
A.
Prior to issuance of a tattoo or body piercing establishment
license, each operator shall submit written procedures to the Health Department
setting forth each step to be taken by a tattooist, body piercer or other
employee in sterilizing equipment that is not single use.
B.
Prior to issuance of a tattoo or body piercing establishment
license, each operator shall submit written procedures to the Health Department
setting forth each step to be taken by a tattooist or body piercer in cleaning,
preparing and applying antiseptic to the skin of the patron.
D.
Prior to issuance of a tattoo or body piercing establishment license, the operator shall physically demonstrate to staff of the City of Franklin Health Department the sterilization of equipment following the approved sterilization procedure set forth in Subsection A. A spore test shall be conducted by a State of Wisconsin approved laboratory and the license shall only be issued upon a negative spore result.
The written care instructions required to be provided to each patron
after completion of the tattoo or body piercing procedure shall be submitted
to the Health Department for approval prior to issuance of the tattoo or body
piercing establishment license.
A.
Prior to issuance and renewal of a tattoo or body piercing
establishment license, the applicant or license holder shall submit to the
Health Department proof of workers compensation and comprehensive general
liability insurance in minimum amounts of $500,000 per occurrence and/or $1,000,000
aggregate covering all personal injury to patrons and all operations and procedures
conducted on the licensed premises, including but not limited to the tattooing
and piercing of a person's skin and complications therefrom.
B.
Such insurance shall contain a provision from the insurance
company to the City pledging to notify the City within 10 days of any change
or cancellation of the policy.
C.
Such insurance shall be maintained at all times the tattoo
or body piercing establishment is open for business. Failure to maintain such
insurance shall constitute grounds for immediate suspension at the order of
the Health Officer or his designee.
The tattoo, body piercing or combination license shall be posted in
a conspicuous place in the establishment so that it may be read by the patrons
thereof.
A.
All licenses granted under this chapter shall expire
on June 30 and must be renewed.
B.
There shall be no proration of license fees.
C.
An annual nonrefundable renewal fee in the amount as set forth in Ch. 169, Licenses and Permits, as well as any and all State of Wisconsin administrative fees, shall be paid by the renewal applicant.
D.
Application for renewal shall be made no later than June
1.
Tattoo or body piercing establishments shall be allowed to be open only
between the hours of 8:00 a.m. and 10:00 p.m., Monday through Saturday, and
10:00 a.m. and 6:00 p.m. on Sunday.
Prior to issuance of a license to a tattoo or body piercing establishment,
the license applicant shall submit written proof of the establishment's
ability to properly dispose of sharps and infectious waste as provided in
Wisconsin Administrative Code § NR 526.
No body piercer may use a piercing gun or similar device for body piercing
a patron unless such piercing gun is disposable, sterile and for single patron
use only or is sterilized between each use as set forth in Wisconsin Administrative
Code § HFS 173.03(20).
A.
Due to the permanent nature of tattoos, no tattooist
or tattoo establishment may apply a tattoo to a patron until 24 hours have
passed since the patron first requested the tattoo.
B.
The patron's record shall note that the patron was
advised of the twenty-four-hour waiting period, in writing, with the patron's
signed acknowledgment thereon.
C.
No tattooist or tattoo establishment may bind or attempt
to bind a patron to committing to obtaining a tattoo or paying for such services
by signing the twenty-four-hour waiting period acknowledgment.
A.
Due to the serious nature of the decision to have a body
part pierced, no body piercer or body piercing establishment may body pierce
a patron until 24 hours have passed since the patron first requested the body
piercing.
B.
The patron's record shall note that the patron was
advised of the twenty-four-hour waiting period, in writing, with the patron's
signed acknowledgment thereon.
C.
No body piercer or body piercing establishment may bind
or attempt to bind a patron to committing to obtaining a body piercing or
paying for such services by signing the twenty-four-hour waiting period acknowledgment.
No tattooist or body piercer may perform tattooing or body piercing
procedures unless the current and valid license issued by the Department of
Health and Family Services is posted in the establishment in a public and
conspicuous place or is in their possession. Such license shall be displayed
to any member of the Franklin Health Department, Franklin Police Department
or Department of Health and Family Services employee upon request.
No tattooist shall use and no tattoo establishment shall suffer or permit
the use of solder which contains lead to be used to fasten needles.
All tattooists and body piercers shall wear single-use aprons which
shall be disposed of after completing the procedure on a patron.
No operator or employee of a tattoo or body piercing establishment shall
allow, suffer or permit loitering on the business premises. For purposes of
this section, "business premises" shall include the licensed premises, property
owned or leased by the tattoo or body piercing establishment and contiguous
with the licensed premises and parking lots, alleys and sidewalks contiguous
with the licensed premises.
A.
BRANDING
IMPLANTATION
SCARIFICATION
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The burning of skin with a hot tool, cauterizing laser or dry ice
so that a mark is imbedded in the deep tissues.
The insertion of an object under the skin so that is remains under
the skin, in whole or in part, after the procedure. This definition shall
not apply to the post used in body piercing to keep the perforation from closing.
The cutting of the skin so that when it heals, scar tissue remains.
B.
Prohibition. No person shall intentionally engage in
the practice of implanting, branding or scarification in the City of Franklin
except as set forth herein.
A.
Every act or omission by an employee constituting a violation
of the provisions of this chapter shall be deemed the act or omission of the
operator if such act or omission occurs either with the authorization, knowledge
or approval of the operator or as a result of the operator's negligent
failure to supervise the employee's conduct, and the operator shall be
liable for such act or omission in the same manner as if the operator committed
the act or caused the omission.
B.
Any act or omission of any employee constituting a violation
of the provisions of this chapter shall be deemed an act or omission of the
operator for purposes of determining whether the license shall be suspended,
revoked or not renewed.
A.
The Franklin Police Department and Franklin Health Department
shall have the authority to enter any tattoo or body piercing establishment
at all reasonable times to inspect the premises and enforce this chapter.
The Health Department shall inspect each tattoo and body piercing establishment
at least twice per year to ensure compliance with the provisions of this chapter.
B.
If upon inspection of a tattoo or body piercing establishment
the authorized employee or agent of the Department finds that the tattoo or
body piercing establishment is not planned, equipped or operated as required
by this chapter, the employee or agent shall notify the operator in writing.
The notice shall include an order that directs the operator to make specified
changes that will bring the establishment into compliance with standards established
in this chapter and that stipulates the time period within which compliance
is to take place.
A.
A license issued pursuant to the provisions of this chapter
is subject to suspension, revocation or nonrenewal by written order of the
City of Franklin Board of Health or its designee. Any person aggrieved by
such order may request a hearing to challenge the order. A request for a hearing
under this subsection shall be submitted to the City of Franklin Board of
Health or its designee within 15 days of issuance of the order. The hearing
shall be held before the City of Franklin Municipal Court. Procedures for
the hearing shall be in accordance with Wis. Stats., §§ 68.11
and 68.12 and the decision shall be appealable by either party under procedures
set forth at Wis. Stats., § 68.13.
B.
The Board of Health or its designee may suspend, revoke
or refuse to renew a tattoo or body piercing license for any of the following
reasons:
(1)
Violation of this chapter or any other ordinance, administrative
rule or statute related to the practice of tattooing or body piercing.
(2)
Failure to correct violations noted in an order issued under § 226-25B by the expiration of the time period stated in the order or any reasonable extension of that time period.
(3)
Knowingly misrepresenting, misstating or failing to disclose
information requested on the application form(s) or requested by the License
Committee.
(4)
Using, causing, or promoting the use of false, misleading
or deceptive advertising, promotional literature, warranty, label or insignia.
(5)
Knowingly deceiving a patron or the public by acting
in a manner as to mislead the patron or the public as to the person's
professional or license status.
(6)
Knowingly employing, directly or indirectly, any suspended,
revoked or unlicensed person to perform tattooing or body piercing.
(7)
Knowingly permitting another person to use the license
issued under this chapter.
(8)
Practicing tattooing or body piercing under a false,
misleading or deceptive name.
(9)
"Sexual harassment," as that term is defined in § 111.32(13),
Wis. Stats., of a patron.
C.
An operator whose license has been revoked or not renewed
shall not be eligible for licensure under this chapter for a period of one
year from the date the revocation or nonrenewal takes effect.
D.
Except for emergency suspensions for the public health
and safety, a suspension shall be for not less than 10 days nor more than
90 days.
A.
The provisions of § 226-26 notwithstanding, whenever the Health Officer or his designee has reasonable cause to believe that the sanitary condition, operation, method of operation of the premises or equipment used on the premises creates an immediate danger to health or safety or whenever the Health Officer or his designee has reasonable cause to believe that the insurance required in § 226-10 has been changed or canceled so as not to provide the required insurance, the Health Officer or his designee may issue a temporary order suspending the operation of a tattoo or body piercing establishment.
B.
The order may be made orally but must be followed within
24 hours by a written order personally delivered to the licensed establishment.
C.
The order may require cessation of all operations authorized
by the license or prohibit a particular operation or condition which creates
the immediate danger.
D.
The order shall be effective for up to 14 days unless
sooner rescinded, but may be extended for one additional fourteen-day period
if the condition still exists or to complete analysis of samples or specimens.
E.
No person may operate a tattoo or body piercing establishment
or operate as a tattooist or body piercer at an establishment that has been
suspended pursuant to this section.
F.
Any order issued under this section shall be accompanied
by a notice of hearing as required by Wis. Stats. §§ 66.0417
and 68.11(1). The hearing must be held within 15 days of the service of the
notice unless both parties agree to a later date. A final decision must be
issued within 10 days of the hearing. The hearing shall be held before the
City of Franklin Municipal Court.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A.
Any person, partnership, or corporation who is found
to have violated any provision of this chapter shall forfeit the sum of not
less than $50 nor more than $500, together with the costs of prosecution,
and in default of payment of such forfeiture and costs, by imprisonment in
the Milwaukee County House of Correction until the forfeiture and costs are
paid, but not in excess of the number of days set forth in § 800.095(4)
of the Wis. Stats. In addition to the monetary penalty imposed, violation
of this chapter may further result in the suspension, revocation or nonrenewal
of any license issued under this chapter and legal action for injunction or
other relief.
B.
Each violation of this chapter shall be considered a
separate offense, and each and every day an offense continues shall be considered
a separate offense.
