For purposes of this article, the following
words shall have the following meanings:
OPERATOR
Any individual firm, company, corporation or association
that owns or operates an establishment where tattooing is performed
and any individual who performs or practices the art of tattooing
on the person of another.
TATTOOING LICENSE
Written approval from the Health Officer or his authorized
representative that said tattooing establishment has been inspected
and meets all of the terms of this article relating to physical facilities,
equipment and layout for operation of such business.
TATTOO or TATTOOING
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 touch or puncture
the skin.
Each person who operates a tattooing establishment
shall comply with the following requirements:
A. The room in which tattooing 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. Walls and ceilings
are to be painted a light color. Walls, ceilings and floors shall
be kept clean and free from dust and debris. The floor shall be swept
and wet mopped daily. Floors, walls or ceilings shall not be swept
or cleaned while tattooing is in operation.
B. The establishment shall be maintained in a sanitary
condition at all times. Adequate light and ventilation must be provided.
C. Each tattooing establishment shall contain a sink
for the exclusive use of the tattoo artist to wash their hands and
prepare the customers for tattooing. The sink shall be provided with
adequate hot and cold running water. There shall also be available
at the sink clean individual towels and refuse containers.
D. Adequate toilet, urinal and hand washing facilities
shall be available on the establishment premises for the use of customers
and tattoo artists. Toilets, urinals and hand washing facilities shall
be maintained in a sanitary condition at all times.
E. An adequate number of work tables shall be provided
for each tattoo artist. The surface of all work tables shall be constructed
of metal or other material which is smooth, light colored, nonabsorbent,
corrosive-resistant and easily sanitized.
F. The shop shall be arranged so that work tables will
be located at least 10 feet from observers or waiting customers or
such work tables shall be separated from observers or waiting customers
by a panel or other barrier at least six feet high. The panel may
be constructed of glass, solid plastic or similar material.
G. Proper closed cabinets for the exclusive storage of
instruments, dyes, pigments, carbon stencils and other paraphernalia
used in the shop shall be provided for each tattoo artist.
H. The tattoo shop shall have proper facilities for the
disposition of waste materials.
I. Each tattoo artist shall be provided with individual
hand brushes and fingernail files.
J. No commercial activity other than tattooing shall
be permitted in the tattoo shop.
The following minimum standards shall be observed
at all times.
A. The tattoo artist will use standards of aseptic technique
in tattooing, dressing and other operations. All instruments, needles,
stencils, dyes, pigments, dressing materials, razors, hand brushes,
fingernail files and other equipment used by the tattoo artist while
tattooing shall be sterile.
B. Each tattoo artist shall have an individual fingernail
file and individual hand brush which shall be cleaned and which shall
be sterilized before each use by boiling for 15 minutes or by immersion
in an approved germicidal solution for not less than 20 minutes. Germicidal
solutions used to sterilize shall be changed daily and the container
thoroughly cleansed.
C. Before working on each patron, each tattoo artist
shall clean his or her fingernails with his or her individual fingernail
file and shall thoroughly wash and scrub his or her hands with hot
running water, soap and his or her individual hand brush. Hands shall
be dried with individual single use towels. The operator shall wear
a clean, new pair of latex gloves, designed for use in surgery, for
each customer.
D. That portion of the patron's skin to be tattooed shall
be prepared by washing with hot water and soap; by shaving with a
sterile safety razor and a single service blade; and shaving shall
be followed by a thorough cleansing with hot water and soap applied
with a clean disposable cotton or gauze. A sterile hand brush shall
be used, if necessary, to produce a clean skin area.
E. No tattooing shall be done on any skin that has a
rash, pimples, boils, infections or manifests any evidence of unhealthy
conditions.
F. Following the cleansing of the patron's skin, the
tattoo artist shall again wash and scrub his or her hands in the manner
prescribed above. He shall allow his or her hands to dry with the
use of sanitary or mechanical means. Before placing the design on
the patron's skin, the tattoo artist shall treat the skin area with
70% alcohol or other approved germicidal solution which shall be applied
with sterile cotton or sterile gauze.
G. Only petroleum jelly, United States Pharmacopoeia
or National Formulary shall be applied to the area to be tattooed,
and it shall be in a collapsible metal or plastic tube. The application
may be spread by the use of sterile gauze but not directly with the
fingers. The stencil for transferring the design to the skin shall
be thoroughly cleansed and rinsed in an approved germicidal solution
for at least 20 minutes, and shall be dried with sterile gauze or
in the air before each use.
H. In preparing nontoxic dyes or pigments, only nontoxic
or sterile materials shall be used. Single service or individual portions
of dyes or pigments in clean, sterilized individual containers or
single service containers must be used for each patron. After tattooing,
the remaining unused dye or pigment in the single service or individual
containers must be discarded. The individual container must be resterilized
or discarded.
I. A set of individual single service sterilized needles
shall be used for each new patron. Following sterilization, needles
shall be shaken dry and if not immediately used, stored in petroleum
jelly, United States Pharmacopoeia or National Formulary and placed
in a sterile, dust-tight container. The open end of the needle tube
of the tattooing machine shall be cleaned and sterilized in an approved
manner before each use. No fewer than 24 sets of sterilized needles
and tubes or tips must be on hand for the entire day or night operation.
(1) Sterilization shall be done by one of the following
methods:
(a)
By holding in an approved autoclave for 15 minutes
at 15 pounds of pressure;
(b)
By boiling for 15 minutes; or
(c)
By immersing in an approved germicidal solution
for an approved period of time.
(2) No rusty, dull or faulty needle shall be used for
tattooing.
J. As the tattoo operation progresses, any excess dye
or pigment applied to the skin shall be removed with sterile gauze
or sterile cotton.
K. The completed tattoo shall have the excess or pigment
removed with sterile gauze. It shall then be washed with a piece of
sterile gauze or sterile cotton saturated with approved germicidal
solution. It shall be allowed to dry. After drying, petroleum jelly,
United States Pharmacopoeia or National Formulary shall be applied
from a collapsible metal or plastic tube and the entire area covered
with a piece of sterile gauze which may in turn be covered with a
piece of tissue and fastened to the site with an approved type of
adhesive.
L. Storage cabinets shall be maintained in a sanitary
condition and all instruments, dyes, pigments, stencils and other
paraphernalia shall be kept in an orderly arrangement when not being
used.
M. Work tables shall be kept clean and orderly.
N. No person except a duly licensed physician shall engage
in the practice of removing any tattoo.
O. Permanent records for each patron or customer shall
be maintained by the operator of the establishment. Before the tattooing
operation shall begin, the patron or customer shall be required to
personally enter on a record form provided for such establishments,
the date, his or her name, address, age and his or her signature.
Prior to tattooing, each patron or customer shall be required to provide
two forms of identification, one of which shall contain both a picture
and date of birth of the customer. Such records shall be maintained
in the tattoo establishment and shall be available for examination
by the Health Officer. Records shall be retained by the operator for
a period of not less than two years. In the event of a change of ownership
or closing of the business, all such records shall be made available
to the Health Officer.
The Health Officer may conduct periodic inspections
of any tattooing establishment for the purpose of determining whether
or not said establishment and the persons performing tattooing therein
are in compliance with all applicable health provisions contained
within this article and other pertinent ordinances. It shall be unlawful
for any person or operator of a tattooing establishment to willfully
prevent or restrain the Health Officer from entering a certified establishment
where tattooing is being performed for the purpose of inspecting said
premises, after proper identification is presented to the operator.
It shall be unlawful for any operator or tattoo
artist to engage in any of the following:
A. No person, except a duly licensed physician, shall
practice tattooing in any place other than a tattooing shop for which
a certificate of sanitation has been issued.
B. It shall be unlawful to perform any tattooing on any
individual who is under the influence of drugs or alcohol or who appears
to be under the influence of drugs or alcohol.
C. It shall be unlawful to perform any tattooing on an
individual under the age of 18 years without the presence of a parent
or legal guardian. Said parent or legal guardian shall sign a permission
form. These forms shall be generated by the establishment and approved
by the Health Officer. Such written consent shall be kept on file
for a period of two years.
[Amended 11-26-1997 by Ord. No. 1774]
D. No person with any disease in a communicable form
or suspected of having such disease shall engage in tattooing. Such
diseases may include, but shall not be limited to, influenza, tuberculosis,
HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubella),
German measles (rubella), mumps, whooping cough, hepatitis, infection
on hands or arms, jaundice of the skin or sclera. The Health Officer
may require a certificate signed by a duly licensed physician stating
that said person is free from communicable diseases before permission
to resume operation is granted.
E. A medical history shall be taken of every customer.
It shall be unlawful to tattoo any person revealing a recent history
of influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis,
chicken pox, measles (rubella), German measles (rubella), mumps, whooping
cough, hepatitis, infection on hands or arms, jaundice of the skin
or sclera.
F. Animals and insects.
[Added 7-22-1998 by Ord. No. 1788]
(1) Domestic or wild animals shall not be present in any
part of the establishment at any time. The term "domestic or wild
animals" includes, but is not limited to, dogs, cats, birds and reptiles.
(2) Insects and rodents shall not be present in any part
of the establishment at any time. The operator shall take effective
measures against insects' and rodents' entrance into, breeding on,
or presence in the premises. Evidence of insect or rodent infestation
shall be cause for immediate closure of the establishment by the Health
Officer.