[HISTORY: Adopted by the Common Council of
the City of St. Francis 4-5-2023 by Ord. No. 1508.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 413,
Tattooing and Body Piercing, adopted as §§ 9.15 and
9.50 of the 1981 Code, as amended.
A.
Adopted. The provisions of §§ 463.10(4), 463.12(4)
and 463.16(9), Wis. Stats., and § SPS 221, Wis. Adm. Code,
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 § 463.16, Wis. Stats., the Environmental
Health Consortium represented by the cities of Cudahy, St. Francis
and South Milwaukee is authorized to enter into a written agreement
with the Department of Safety and Professional Services (DSPS) 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 Saint Francis without first obtaining a license from the Health Department. No such license shall be issued by the Health Department, however, until a certificate of occupancy has been issued under § 455-50 of this Code.
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 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 Health
Department.
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 § 413-4B(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 § 413-4B(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 § 413-4B(1) has ever had such a license or permit suspended or revoked, the reason therefor, 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 any 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.
Established in the annual fee schedule established by resolution
of the Common Council.
A.
A nonrefundable license fee shall be submitted with the application
for a tattoo license.
B.
A one-time preinspection fee for each original tattoo, body piercing,
and combination tattoo and body piercing establishment license.
C.
A fee for reinspections shall be issued if needed to address violations
that have not been corrected.
D.
A plan review fee may be issued when an establishment is newly constructed
or substantially remodeled.
E.
A fee for a duplicate license shall be issued if needed for reissuance
of a lost or misplaced license.
F.
A late fee shall be issued when the application is not renewed before
the expiration date, unless waived by the Health Department.
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 demonstrate the sterilization of equipment following the approved sterilization procedure set forth in § 413-6A. A spore test shall be conducted at the applicant's expense and by an approved laboratory. 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.
All tattoo and body piercing establishment license holders shall
submit to the Health Department proof of comprehensive general liability
insurance in a minimum amount of $500,000 per occurrence/$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.
The license year shall begin on July 1 in each year and terminate
on June 30 in the next year. There shall be no proration of license
fees.
No tattoo or body piercing establishment shall be open between
the hours of 11:00 p.m. and 8:00 a.m.
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 § NR 526, Wis. Adm. Code.
Tattoo needles shall be disposable, sterile, and for single
patron use only.
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 § SPS 221.14, Wis. Adm. Code.
No tattooist or body piercer may perform tattooing or body piercing
procedures unless the current and valid license issued by the Department
of Safety and Professional Services (DSPS) pursuant to § SPS
221.04(1)(b), Wis. Adm. Code, 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 Health Department, Police
Department, or DSPS 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 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 tissue.
The insertion of an object under the skin so that it 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 St. Francis,
except as set forth herein.
A.
Every act or omission by an employee constituting a violation of
the provisions of this section 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 section 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 Police Department and 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. If any request
for inspection is denied, the special inspection warrant provisions
of § 66.0119, Wis. Stats., shall be followed.
B.
The Health Department shall inspect each tattoo and body piercing
establishment at least twice per year to determine compliance with
the provisions of this section.
A.
A license issued pursuant to the provisions of this section is subject
to suspension, revocation or nonrenewal by the Common Council. Unless
the public health and safety require an immediate suspension, no license
shall be suspended, revoked, or nonrenewed without first providing
the operator with due notice and hearing before the License and Permit
Committee of the Common Council for the purpose of determining whether
grounds for such suspension, revocation or nonrenewal exist. The Committee
shall make findings and recommendations to the Common Council, and
a copy shall be mailed to the operator. The operator shall have 10
days from the date the findings and recommendations were mailed to
make written objections to the findings and recommendations of the
License and Permit Committee. The Common Council shall then determine
whether sufficient grounds exist and whether the license should be
suspended, revoked or nonrenewed. The City Clerk shall notify the
operator, in writing, of the decision of the Common Council. Notice
shall be served by first-class mail.
B.
The Common Council may suspend, revoke, or refuse to renew a tattoo
or body piercing license for the following reasons:
(1)
Violation of this section or any other ordinance, administrative
rule, or statute related to the practice of tattooing or body piercing.
(2)
Knowingly misrepresenting, misstating or failing to disclose information
requested on the application form(s) or requested by the Legislation
and Permits Committee.
(3)
Using, causing, or promoting the use of false, misleading, or deceptive
advertising, promotional literature, warranty, label, or insignia.
(4)
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.
(5)
Knowingly employing, directly or indirectly, a suspended, revoked,
or unlicensed person to perform tattooing or body piercing.
(6)
Knowingly permitting another person to use the license issued under
this section.
(7)
Practicing tattooing or body piercing under a false, misleading,
or deceptive name.
(8)
"Sexual harassment," as that term is defined in § 111.32(13),
Wis. Stats., of a patron.
(9)
The operation of the tattoo or body piercing establishment constitutes
a nuisance. As used herein, "nuisance" means any unreasonable activity
or use of the licensed premises that interferes substantially with
the comfortable enjoyment of life, health, or safety of another or
others.
C.
An operator whose license has been revoked or not renewed shall not
be eligible for licensure under this section 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.
E.
Any aggrieved person may appeal the decision of the Common Council
to the Circuit Court of Milwaukee County within 30 days from the date
of service of the decision upon the operator.
A.
The provisions of § 262-65 of this Code 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 § 413-8 has been changed or cancelled 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.
A.
In addition to the suspension or revocation of any license issued under this chapter, any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided by § 1-4 of this Code.
B.
Each violation of this section shall be considered a separate offense,
and each and every day an offense continues shall be considered a
separate offense.
