HomeMy Public PortalAboutORD14629 SUBSTITUTE BY COUNCILWOMAN CARROLL
Passed as Amended
BILL NO. 2009-116
SPONSORED BY COUNCILWOIM^AN/� Carroll
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO TATTOOING.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 15 (Health and Sanitation) is hereby amended by deleteing
Section 2 (Tattooing Prohibited) as follows:
Sec. 15-2.fatta'eing-Rrohibited. Reserved
bulirtell of tatt0clirig,""Pt that.physician Mmy ii licensed by ffic state ma� pe.fbnn
medical pmpmes.
oT parteture the skin.
Section 2. Chapter 15 (Health and Sanitation) is amended by the addition of a
new Article IV (Tattooing) as follows:
ARTICLE IV TATOOING
Division 1:in General
Sec. 15-100 Definitions.
For the purposes of this Article and unless the context plainly requires otherwise,the following
definitions are adopted:
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1
Aftercare means written instructions given to the client,specific to the body art procedure(s)
rendered, about caring for the body art and surroundine area,including information about
when to seek medical treatment,if necessary.
Autoclave means an apparatus for sterilization utilizing steam pressure at a specific
temperature over a period of time.
Autoclaving means a process which results in the destruction of all forms of microbial life,
including highly resistant spores,by the use of an autoclave for a minimum of thirty minutes
at 20 pounds of pressure(PSI)at a temperature of 270 degrees Fahrenheit.
Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030,
entitled "Occupational Exposure to Bloodborne Pathogens."
Body Art means the practice of physical body adornment using,but not limited to,the following
techniques: body piercing, tattooine,cosmetic tattooing.
Bodv Art Establishment or establishment means a location, place,or business that has been
granted a permit where the practices of body art are performed,whether or not for profit.
Body Art Practitioner or practitioner means a specifically identified individual who has been
granted a permit to perform body art in an establishment that has been granted a permit.
Body Piercine means puncturing or penetrating the skin of a client with presterilized single-use
needles and the insertion of presterilized jewelry or other adornment into the opening. This
definition does not include piercing of the earlobe with a presterilized single-use stud-and-clasp
system manufactured exclusively for ear-piercing.
Client means a member of the public who requests a bodv art procedure at a body art
establishment.
Department means the Department of Community Development or its authorized
representatives.
Director means the Director of Community Development or his designee.
Disinfectant means a product reeistered as a disinfectant by the U.S.Environmental
Protection Aeency(EPA).
Disinfection means the destruction of disease-causing microorganisms on inanimate objects or
surfaces,thereby rendering these objects safe for use or handling.
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2
Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use stud-
and-clasp ear-piercing system following the manufacturer's instructions.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices,
implements furniture, display and storage areas, sinks, and all other apparatus and
appurtenances used in connection with the operation of a bodv art establishment.
Hot water means water that attains and maintains a temperature 1100-130 0F.
Instruments Used for Body Art means hand pieces,needles,needle bars,and other instruments
that may come in contact with a client's body or may be exposed to bodily fluids during any
body art procedure.
Invasive means entry into the client's body either by incision or insertion of anv instruments
into or through the skin or mucosa, or by any other means intended to puncture, break, or
otherwise compromise the skin or mucosa.
Jewelry means any ornament inserted into a newly pierced area, which must be made of
surgical implant-grade stainless steep solid t4k or 18k white or yellow gold,niobium,titanium,
or platinum or a dense low-porosity plastic which is free of nicks scratches or irregular
surfaces and has been properly sterilized prior to use.
Permit Officer means the person appointed by the Director to supervise the City's tattoo
permits.
Operator means any person who individually, or jointly or severally with others owns or
controls an establishment,but is not a body art practitioner.
Permit means approval in writing by the Director to either(1)operate a bodv art establishment
or(2) operate as a body art practitioner within a body art establishment.
Person means an individual, any form of business or social organization or any other non-
novernmental legal entity, includin2 but not limited to corporations, partnerships, limited-
liability companies,associations,trusts or unincorporated organizations.
Phvsician means an individual licensed as a qualified physician by the Missouri Board of
Healing Arts.
Sanitary means clean and free of agents of infection or disease.
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3
Sanitize means the application of a U.S. EPA reeistered sanitizer on a cleaned surface in
accordance with the label instructions.
Sharps means any obiect,sterile or contaminated, that may intentionally or accidentally cut
or penetrate the skin or mucosa, includine, but not limited to, needle devices, lancets,scalpel
blades,razor blades,and broken Blass.
Sharps Container means a puncture-resistant, leak-proof container that can be closed for
handtina, storage, transportation, and disposal and that is labeled with the International
Biohazard Symbol.
Single Use Items means products or items that are intended for one-time,one-person use and
are disposed of after use on each client, includine, but not limited to, cotton swabs or balls,
tissues or paper products,paper or plastic cups,gauze and sanitary coverings,razors,piercing
needles,scalpel blades,stencils,ink cups,and protective gloves.
Sterilize means the use of a physical or chemical procedure to destroy all microbial life
including highly resistant bacterial endospores.
Tattoo means the indelible mark,figure or decorative design introduced by insertion of dyes
or pigments into or under the subcutaneous portion of the skin.
Tattooing means any method of placing ink or other pigment into or under the skin or mucosa
by the aid of needles or any other instrument used to puncture the skin,resulting in permanent
coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
Universal Precautions means a set of guidelines and controls, published by the Centers for
Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of
Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and
Public-Safety Workers"in Morbidity and Mortality Weekly Report)(MMWR),June 23,1989,
Vol.38 No. S-6, and as "Recommendations for Preventing Transmission of Human
Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive
Procedures" in MMWR, July 12.1991,Vo1.40, No. RR-8. This method of infection control
requires the employer and the employee to assume that all human blood and specified human
body fluids are infectious for HIV.HBV,and other blood pathogens.Precautions include hand
washing:gloving:personal protective equipment:iniury Prevention:and proper handline and
disposal of needles,other sharp instruments,and blood and body fluid-contaminated products.
Sec. 15-101 Exemptions.
The following persons are exempt from these regulations:
A. Physicians who perform body art procedures as part of patient treatment.
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B. Individuals who pierce only the lobe of the ear with a presterilized single-use stud-
and-clasp ear-piercing system.
Sec. 15-102 Restrictions on Minors.
No tattooing or body piercing shall be performed on a person under the ate of 18.
Sec. 15-103 Iniury Reports.
A person holding a body art establishment permit or a body art practitioner's
permit shall make a written report to the Department of any iniurv,infection complication
or disease as a result of a body art procedure,or complaint of injury,infection complication
or disease,shall be forwarded by the operator to the Department,with a copy to the injured
client within five working days of its occurrence or knowledge thereof. The report shall
include the name of the affected client; the name and location of the body art establishment
involved; the nature of the injury,infection complication or disease; the name and address
of the affected client's health care provider,if any; any other information considered
relevant to the situation. Failure to do so shall constitute a violation of the holder's permit.
Sec. 15-104 Duties of Permit Officer.
A. The Permit Officer shall investigate anv complaints to the Director or the
Department and may investigate any person or business permitted under this division for
violations of this Division of this Chapter.
B. The Permit Officer shall impose reasonable discipline upon holder of permits
for violation of any section of this Division.
C. Subiect to review by the Director, the Permit Officer is granted authority to
suspend or revoke the permit for any reasonable length of time for violation of any
provision of this Division of this Chanter,
C. If the Permit Officer finds a violation of any section of this division the officer
shall notify the permit holder of the violation and the intended discipline.
D. The disciplinary action of the Permit Officer may be appealed to the Director
by filing a notice of appeal to the Director,on a form to be promulgated by the Director.
within 10 days of the date of the Notice to the Permit holder. The disciplinary action shall
be staved during the appeal.
Sec. 15-105 Appeals to the Director
A. All hearings before the Director either for an appeal of discipline or the denial
of a permit shall be conducted according to this section.
B.Appeals to the Director shall be public hearings which occur no earlier than 5
days after receipt of an appeal and no later than 30 days after receipt of the appeal. Sueb
hearings may be continued at the request of the Applicant or the Citv upon good cause
shown.
C. The Hearing shall be held to determine whether the prior action of the Permit
Officer was supported by substantial and competent evidence.
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D. The Hearin¢Procedure for all hearings brought under this section shall be as
follows:
1. Procedures:
A.- The Hearing shall be open to the public and on the record.
b. The Director shall conduct the hearing.
C. The Director shall rule upon all motions by the parties.
d. Any party to the Hearing,may be represented by counsel and
have the right to present evidence. The Permit Officer shall
represent the City and the City Counselor's office shall serve as
attorney to the Permit Officer/City.
L The technical rules of evidence shall not apply in the hearing. Any
relevant evidence may be admitted and considered by the Director
if it is the sort of evidence of which responsible Persons are
accustomed to rely in the conduct of serious affairs. Obiections to
evidence shall be noted and a ruling given by the Director.
L All testimony shall be under oath,which may be administered by
the Director.
g A recording shall be made by the City or a written record of the
hearing may be made by a reporter to be emnloved by the City,
the cost of which shall be paid by the City should the proceeding
be eventually held against the City and by the applicant if it
should not.
h. All decisions by the Director must be made anon substantial and
competent evidence presented at the hearing.
2. Conduct of the Hearing.
a. The Hearing shall proceed in the following manner. The City will
allowed to present its evidence first. Witnesses called by the City
will be directly examined with an opportunity for the opposing
party to cross-examine,followed by an opportunity for the City to
re-direct. Once the City's case is presented,the opposing Party
will have an opportunity to present his or her case. The same
procedure for Questioning witnesses will be followed.The Director
may also inquire with questions of his/her own of any witness.
Then the City will have an opportunity for rebuttal,if it so
chooses. Finally,the City and the applicant will have an
opportunity to make closine remarks in that respective order,
b. The Director shall then cause to be issued findings of fact and
conclusions of law explaining the decision based upon the evidence
presented and the decision of the Director within 30 days of the
date of the hearing.
Kt Notice of the decision shall be provided to all parties Pursuant to
Chapter 536 RSMo.
d. Any person aggrieved by this decision,including the city,shall.
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within 30 days after notice of the ruling as required by Chapter
536 RSMo.,file his or her administrative appeal pursuant to the
rules established in Chapter 536 RSMo.,for review of a contested
case in the circuit court of Cole County.If no action is taken to
appeal the decision of the administrative hearing officer as
required by Chapter 536 RSMo.,the decision shall be final.
Sec 15-106 Length of Permit.
All permits issued hereunder shall automatically expire in two(2)vears from the
date of issuance unless revoked sooner
Sec 15-107 Severability.
If any provision contained in this chapter is deemed invalid for any reason,it shall
be severed and shall not affect the validity of the remaining provisions.
Secs 15-108- 15-119. Reserved
Division D Body Art establishment.
Sec 15-120 Body Art Establishment Permit required.
No Person shall either by himself/herself or through the use of agents or servants,
partnership,association of person or corporation shall operate a bodv art establishment
without procurine a Body Art Establishment Permit from the city authorizing such activity.
No person shall perform body art except in a permitted Body Art Establishment.
Sec. 15-121 Application.
Before any permit shall be issued pursuant to the provisions of this division, the
applicant therefor shall apply in writing to the Department,giving the location of the place of
business including the specific areas inside the building to which the nermit is to apply, the
names of all parties interested in the business to be operated under such permit,except in the
case of a corporation when the name of the president, secretary and manager only need be
1giyen,
Sec. 15-122 Contents of Application.
In addition to any other information required by the Director, the applicant shall
provide the following information in order to be issued an establishment permit:
A. Name,address,and telepbone number of the body art establishment;
B. The operator of the establishment;
C. The body art practitioner(s)working at the establishment;
D. The manufacturer, model number, model year, and serial number, where
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applicable.of the autoclave used in the establishment;
E. A signed and dated acknowledgment that the applicant has read and understood
the requirements of these regulations;
Sec. 15-123 Applications reviewed by Permit Officer.
All applications for licenses and all petitions so filed with such applications shall be
referred to the Permit Officer. The review of the applications for permit shall normally be
completed within twenty(20)working days of the date of the application unless there is cause
for additional time.
Sec. 15-124.Approval or Denial.
The Permit Officer shall approve a permit unless the Permit Officer finds that the
applicant or any person conducting body art on the permitted premises has committed or
permitted to occur:
A. Any actions which would indicate that the health or safety of the public would be
at risk•
B. Fraud,deceit or misrepresentation in obtaining a permit,or its renewal;
C. Any criminal conduct which the Director determines to be of such a nature as to
render the establishment-practitioner or applicant unfit to practice body art as evidenced by
criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an
admission of sufficient facts;
D. Any present or past violation of the Director's regulations governing the practice
of body art;
E. Any present or past violation of State regulation governing the practice of body
art;
F. The practice of body art while the ability to practice is impaired by alcohol,drugs,
Physical disability or mental instability.
G. An unauthorized person to perform activities requiring a permit;
H. The practice of body art while his/her permit is lapsed,suspended,or revoked;
1. An act causing discipline in another iurisdiction in any way by the proper
permitting authority for reasons substantially the same as those set forth in the Director's
regulations;
J. Other lust and sufficient cause which the Director may determine would render the
establishment,practitioner or applicant unfit to practice body art;.
Sec. 15-125 Notice to Applicant.
A. If the Permit Officer approves the application for a bodv art establishment permit.
the Director shall approve the application and issue to the applicant a permit.
B. If the Permit Officer denies the application,a permit shall not be issued,unless by
the Director only after a properly filed appeal and subsequent,hearing,and the Permit Officer
shall notify the applicant,in writing of the reason for the denial and the applicant's right to
appeal.
Sec. 15-126. Appeal of a Denial.
Any applicant aggrieved by the decision of the Permit Officer to denv or refuse to
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renew a tattoo permit may file a petition with the Director within ten(10)days after the action
by the Director appealing said action.
Sec. 15-127 Applicants may reapply.
Any Applicants denied a Permit may reapply at any time after denial.
Sec. 15-128 Operation of Body Art Establishments.
Body art establishments shall be operated in accordance with the following:
A. Each body art establishment shall be constructed, operated and maintained in
accordance with the OSHA Bloodborne Pathogens Standard.
B. Requirements for Sinele Use Items Including Inks.Dyes and Pigments
1. Single-use items shall not be used on more than one client for any
reason.After use,all sinele-use sharps shall be immediately disposed
of in approved sharps containers.
2. All products applied to the skin,such as but not limited to body art
stencils, applicators, eauze and razors, shall be sinele use and
disposable.
3. Hollow bore needles or needles with a cannula shall not be reused.
4. All inks,dyes,pigments,solid core needles,and equipment shall be
specifically manufactured for performing body art procedures and
shall be used accordine to manufacturer's instructions.
5. Inks.dues or Pigments may be mixed and may only be diluted with
water from an approved potable source. Immediately before a tattoo
is applied, the quantity of the dye to be used shall be transferred
from the dye bottle and placed into single-use paper cups or plastic
caps.Upon completion of the tattoo,these sinele-use cups or caps and
their contents shall be discarded.
C. Sanitation and Sterilization Measures and Procedures
1. All non-disposable instruments used for body art, including all
reusable solid core needles, pins and stvlets, shall be cleaned
thoroughly after each use by scrubbing with an appropriate soap or
disinfectant solution and hot water, (to remove blood and tissue
residue), and shall be placed in an ultrasonic unit operated in
accordance with manufacturer's instructions.
2. After being cleaned,all non-disposable instruments used for body art
shall be packed individually in sterilizer Packs and subsequently
sterilized in a steam autoclave. All sterilizer packs sball contain
either a sterilizer indicator or internal temperature indicator.
Sterilizer packs must be dated with an expiration date not to exceed
six(6)months.
34 The autoclave shall be used, cleaned, and maintained accordine to
manufacturer's instruction. A copy of the manufacturer's
recommended procedures for the operation of the autoclave must be
available for inspection by the Director. Antoclaves shall be located
away from workstations or areas frequented by the public.
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9
4. Each holder of a permit to operate a bodv art establishment shall
demonstrate that the autoclave used is capable of attaining
sterilization by monthly spore destruction tests. These tests shall be
verified throueh an independent laboratory. The permit shall not be
issued or renewed until documentation of the autoclave's ability to
destroy spores is received by the Director. These test records shall
be retained by the operator for a period of three(3)years and made
available to the Director upon request.
5. All instruments used for body art procedures shall remain stored in
sterile packages until lust prior to the performance of a body art
procedure. After sterilization, the instruments used in body art
Procedures shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such instruments.
6. Sterile instruments may not be used if the packame has been
breached or after the expiration date without first repackaging and
resterilizing.
7. If the body art establishment uses only sterile single-use,disposable
instruments and products, and uses sterile supplies, an autoclave
shall not be required.
8. When assembling instruments used for body art procedures, the
operator shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are
not contaminated.
9. Reusable cloth items shall be mechanically washed with determent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used.
D. Posting Requirements. The following shall be prominently displayed at any body
art establishment:
I A Disclosure Statement,a model of which shall be available from the
Department. A Disclosure Statement shall also be given to each
client, advising him/her of the risks and possible consequences of
body art procedures.
2. Contact information for the Department and an explanation as to
how to file a complaint with the Department.
3. A current establishment permit.
4. Each practitioner's permit.
E. Establishment Record-keeping. The establishment shall maintain the following
records in a secure place for a minimum of three(3)years, and such records shall be made
available to the Department upon request:
1. Establishment information,which shall include:
(a) hours the establishment operated:
1U a complete description of all body art procedures
performed:
Lej an inventory of all instruments and body jewelry,all sharps,
and all inks used for any and all body art procedures,
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including names of manufacturers and serial or lot
numbers,if applicable.Invoices or packing slips shall satisfy
this requirement;
fdf a Material Safety Data Sheet,when available,for each in
and dye used by the establishment; and
Lei monthly Autoclave spore destruction tests
2. Employee information,which shall include:
(a) full names and exact duties;
fljj date of birth; home address; home/work phone number
fc�, Proof for all body art practitioners that they have either
completed, or were offered and declined, in writing, the
hepatitis B vaccination series.
3. Client Information which shall include
a. name:
b. date of birth;
C. address of the client;
d. date of the procedure;
e. name of the practitioner who performed the urocedure(s);
f. description of procedure(s)performed and the location on
the body;
g a consent form signed by the client consenting the
procedure.
F. Standards of Practice.
Body Art Establishments shall assure that Practitioners are required to comply with
the following minimum health standards:
1. A practitioner shall perform all body art procedures in accordance
with Universal Precautions set forth by the U.S Centers for Disease
Control and Prevention.
2. AAPractitioner shall refuse service to any person who may be under
the influence of alcohol or drugs.
3. Practitioners who use ear-piercing systems must conform to the
manufacturers directions for use, and to applicable U.S. Food and
Drug Administration requirements. No practitioner shall use an ear
piercing system on any part of the client's body other than the lobe
of the ear.
4. Health History and Client Informed Consent. Prior to performing
a body art procedure on a client,the practitioner shall:
a. Inform the client,verbally and in writing that the following
health conditions may increase health risks associated with
receiving a body art procedure
b. history of diabetes;
C. history of hemophilia(bleeding);
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d. history of skin diseases,skin lesions,or skin sensitivities to
soaps,disinfectants etc.;
e. history of allergies or adverse reactions to pigments,dyes,or
other sensitivities:
L history of epilepsy.seizures,fainting,or narcolepsv;
g use of medications such as anticoagulants, which thin the
blood and/or interfere with blood clottine; and
h. any other conditions such as hepatitis or HIV.
L Reawire that the client sign a form confirming that the
above information was provided, that the client does not
have a condition that prevents them front receiving body
a
at that the client consents to the performance of the body
art procedure and that the client has been given the
aftercare instructions.
5. A practitioner shall maintain the highest degree of personal
cleanliness, conform to best standard hygienic practices, and wear
clean clothes when performing body art procedures. Before
performing body art procedures, the practitioner must thoroughly
wash their hands in hot running water with liquid soap, then rinse
hands and dry with disposable paper towels. This shall be done as
often as necessary to remove contaminants.
6. In performing body art procedures, a practitioner shall wear
disposable single-use gloves. Gloves shall be changed if they become
pierced,torn,or otherwise contaminated by contact with any unclean
surfaces or objects or by contact with a third person. The gloves
shall be discarded, at a minimum, after the completion of each
procedure on an individual client,and hands shall be washed before
the next set of gloves is out on. Under no circumstances shall a single
pair of gloves be used on more than one person.The use of disposable
single-use gloves does not preclude or substitute for hand washing
procedures as Part of a good personal hygiene program.
7. The skin of the practitioner shall be free of rash or infection. No
practitioner affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions or acute respiratory
infection shall work in any area of a body art establishment in any
capacity in which there is a likelihood that that person could
contaminate body art equipment,supplies,or working surfaces with
body substances or oathogenic organisms.
s. Anv item or instrument used for body art that is contaminated
during the procedure shall be discarded and replaced immediately
with a new disposable item or a new sterilized instrument or item
before the Procedure resumes.
9. Preparation and care of a client's skin area must comply with the
followine:
a.
Any skin or mucosa surface to receive a body art procedure
shall be free of rash or any visible infection.
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12
b. Before a body art procedure is performed, the immediate
skin area and the areas of skin surroundine where body art
procedure is to be placed shall be washed with soap and
water or an approved sureical skin preparation.If shaving
is necessary, single-use disposable razors or safety razors
with single-service blades shall be used. Blades shall be
discarded after each use, and reusable holders shall be
cleaned and autoclaved after use. Following shavine, the
skin and surrounding area shall be washed with soap and
water. The washing pad shall be discarded after a single
use.
C. In the event of bleeding, all products used to stop the
bleeding or to absorb blood shall be sinele use, and
discarded immediately after use in appropriate covered
containers,and disposed.
d. Petroleum iellies, soaps, and other products used in the
application of stencils shall be dispensed and applied on the
area to receive a body art Procedure with sterile gauze or
other sterile applicator to prevent contamination of the
orieinal container and its contents.The applicator or gauze
shall be used once and then discarded.
10. The practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site. The written
instructions shall advise the client on the proper cleansing of the area
which received the body art; to consult a health care provider for:
unexpected redness,tenderness or swelline at the site of the body art
procedure,any rash unexpected drainage at or from the site of the
body art procedure, or a fever within 24 hours of the body art
procedure; and of the address, and phone number of the
establishment.
G. Hours of Operation. Each Body Art Establishment shall limit its hours of
operation to not earlier than 9:00 am and not later than 8:00 p.m.
H. The Director shall inspect each establishment at least once every Av months and
may make as many additional inspections as the director deems necessary for the
enforcement of this chapter.
L_ Appearance. The Council finds that the design and advertising frequently used
by Body Art Establishments,if unregulated can have the an adverse impact on
the surrounding neighborhood. The City has therefore promulgated these
regulations to minimize any adverse effects. The goal ofthis section is to insure
that Bodv Art Establishments blend with their surroundineenvironmentand this
section is to be interpreted so as to further that goal.
1. Each Body Art Establishment shall keep the exterior of the facility
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13
where the BodyArt Establishment is operated neat,clean,and properly
maintained.
2. The Body Art Establishment shall not display on its exterior or in any
window visible from the public streets or sidewalks any pictures or
drawings of Body Art on or depicted to be on a person: nor any
illuminated siens.
3. The Body Art Establishment shall not make,or cause to be made, any
chance to the exterior of the premises in which it is located,except that
such change wiU make the exterior aesthetically similar to the
surroundingneiehborhood. In determining whether the chance will be
aesthetically similar,the license may request the advice of the Historic
Preservation Commission and ifthe licensee relies on such advice shall
be deemed to be in compliance.
Sec. 15-129 Body Art Establishment Fee.
The permit fee for a body art establishment shall be 1%of all Bross revenue collected
for body art or$500,whichever is greater.
Secs. 15-130- 15-139.Reserved
DIVISION III Bodv Art Practitioners
Sec. 15-140 Body Art Practitioner's Permit recruited.
No Person shall eneaee in the practice of body art without procuring a Body Art
Practitioner's Permit from the city authorizing such activity.
Sec. 15-141 Application.
Before any permit shall be issued pursuant to the Provisions of this division, the
applicant therefor shall apply in writing to the Department on a form prescribed by the
Director for a Body Art Practitioners Permit.
Sec. 15-142 Contents of Application.
In addition to any other information required by the Director, the applicant shall
Provide the following information in order to be issued an establishment permit:
A. Background information including name:date of birth:residence address:mailing
address: phone number:
B. Place(s)of employment as a practitioner.
C. Practitioner Trainine and Experience.
See. 15-143 Reauired Training for Body Art Practitioners.
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Trainine for all practitioners shall be approved by the Director and, at a minimum,
shall include the following:
A. Bloodborne pathogen training program(or equivalent)which includes infectious
disease control; waste disposal; hand washing techniques: sterilization equipment operation
and methods:and sanitization,disinfection and sterilization methods and techniques: and
B. First Aid and cardiopulmonary resuscitation(CPR).ExamyIesof courses approved
by the Director include "Preventine Disease Transmission" (American Red Cross) and
"Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided by professional
body art organizations or associations or by equipment manufacturers may also be submitted
to the Director for approval.
C. A course on anatomy, completed an examination on anatomy, or possesses an
equivalent combination of training and experience deemed acceptable to the Director.
D. A course on skin diseases, disorders and conditions, including diabetes, or
completed an examination on skin diseases disorders and conditions, including diabetes, or
possesses a combination of training and experience deemed acceptable to the Director.
Sec. 15-144 Auptications reviewed by Permit Officer.
All applications for permits and all petitions so filed with such applications shall be
referred by the Permit Officer. The review of the applications for license shall normally be
completed within twenty(20)working days of the date of the application unless there is cause
for additional time.
Sec. 15-145. Approval or Denial.
The Permit Officer shall approve a permit unless the Permit Officer finds that the
apmlicant is less than 18 years old and/or has committed or permitted to occur:
A. Any actions which would indicate that the health or safety of the public would be
at risk:
B. Fraud,deceit or misrepresentation in obtainine a permit,or its renewal,
C. Anv criminal conduct which the Permit Officer determines to be of such a nature
as to render the establishment,practitioner or applicant unfit to practice body art as evidenced
by criminal proceedings resulting in a conviction,guilty plea,or plea of noto contendere or an
admission of sufficient facts•
D. Anv present or past violation of these regulations governing the practice of bodv
a1
E. Any present or past violation of State regulation governing the practice of body art:
F. The practice of body art while the ability to practice is impaired by alcohol,drugs,
Physical disability or mental instability.
G. An unauthorized person to perform activities requiring a permit;
H. The practice of body art while his/her permit is lapsed,suspended,or revoked;and
1. An act causing discipline in another iurisdiction in any way by the proper
vermittine authority for reasons substantially the same as those set forth in the Director's
regulations.
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J. Other must and sufficient cause which the Director may determine would render the
establishment,practitioner or applicant unfit to practice body art;
K. Failed to complete any of the required training for body art practitioners/.
Sec. 15-146 Notice to Applicant.
A. If the Permit Officer approves the application for a body art establishment permit,
the Director shall approve the application and issue to the applicant a permit.
B. If the Permit Officer denies the ai mlication,a permit shall not be issued,unless by
the Director only after a properly£ded appeal and subsequent hearing and the Permit Officer
shall notify the applicant,in writing of the reason for the denial and the applicant's right to
appeal.
Sec. 15-147.Appeal of a Denial.
Any applicant aggrieved by the decision of the Permit Officer to deny or refuse to
renew a tattoo permit may file a petition with the Director within ten(10)days after the action
by the Director appealing said action.
Sec. 15-148.Applicants may reapply.
Any Applicants denied a permit may reapply at any time after denial.
Sec. 15-149. Severability. If any provision of this Chapter is found to illegal or
unconstitutional that provision shall be considered void, but all remaining provisions shall
remain in full force and effect.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage nd approval.
Passed: , ���a Approved:
Presiding Officer / Mayor
ATTEST: APPROVED AS TO F M:
City Clerk City Counselor
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16