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.
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.
C. 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 combination tattoo/body piercing establishment license.
D. A one-time preinspection fee as set forth in Ch.
169, Licenses and Permits, for each original tattoo, body piercing or tattoo/body piercing establishment license.
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.
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.
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).
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.