[Ord. No. 2823 §1(16-30), 4-7-2003]
This Chapter shall be known as the "Tattooing, Body Piercing and Branding Regulations" and may be cited as such.
[Ord. No. 2823 §1(16-31), 4-7-2003]
The intent of this Chapter is to regulate tattooing, body piercing and branding establishments and their business practices in order to protect and promote public health, safety and welfare. This will be accomplished by:
Requiring a clean, healthy and safe environment in which business may be conducted.
Requiring insurance coverage.
Providing an annual license fee to partially cover the expenses associated with the background investigation and review and processing of reports.
Providing geographic limitations designed to preserve the value of the property throughout the City.
Requiring a special use permit to help promote a clean, healthy and safe environment.
[Ord. No. 2823 §1(16-32), 4-7-2003]
Every tattooing, body piercing and branding establishment shall conform to the requirements of this Chapter, irrespective of when such establishment started business within the City limits.
[Ord. No. 2823 §1(16-33), 4-7-2003]
In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or other legislation of the City existing on the effective date of this Chapter, the provision which establishes the higher standard for the promotion and protection of the safety, welfare and health of the people shall prevail. If any part of this Chapter should be declared invalid for any reason, such decisions shall not affect the remaining portions of this Chapter.
[Ord. No. 2823 §1(16-34), 4-7-2003]
The provisions of this Chapter shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety and welfare.
[Ord. No. 2823 §1(16-35), 4-7-2003]
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning and application of words and phrases as used in this Chapter.
- The individual or corporation applying for a tattoo, body piercing and branding establishment permit.
- BODY PIERCING
- Piercing of the skin for the express intention of the insertion of any object including, but not limited to, jewelry; provided however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this Chapter.
- Burning the skin for the express intention of placing designs, letters, scrolls, figures, symbols or any other permanent marks upon the skin.
- CERTIFICATE OF INSPECTION
- The written approval from the City that the tattooing establishment has been inspected and meets all the requirements of this Chapter relating to physical facilities, equipment and layout for the operation of a tattoo, body piercing and branding establishment.
- The City of Harrisonville, Missouri.
- Any person over eighteen (18) years of age, other than an operator, who renders any service in connection with the operation of a establishment and receives compensation from the owner of the business or its patrons.
- A tattoo, body piercing and branding establishment.
- Any individual, firm, company, corporation or association that performs or practices the art of tattooing, body piercing or branding.
- Any person over sixteen (16) years of age who receives a tattoo or body piercing under such circumstances that it is reasonably expected that he/she will pay money or give any other consideration therefore.
- Any person authorized to practice medicine pursuant to the laws of the State of Missouri.
- TATTOO, TATTOOED AND 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. The painting of the face, temporary tattoos and other non-permanent markings shall be specifically excluded from the purview of this Chapter.
[Ord. No. 2823 §1(16-36), 4-7-2003]
No person shall engage in or carry on the business of operating a tattoo, body piercing or branding establishment unless he/she has a valid certification by a professional tattooist organization or diploma indicating training in performing invasive procedures of this type and has a valid permit issued by the City pursuant to the provisions of this Chapter for each and every separate office or place of business conducted by such person within the City.
No person shall tattoo the body of any other person or practice the art of tattooing upon the person of another or engage in body piercing upon the person of another or brand the body of any other person unless it is done in accordance with FDA recommendations, infection control guidelines and quality assurance policies as developed and overseen by a physician consultant maintained under contract.
No artist or person shall engage in the art of tattooing and body piecing without written certification from a physician of current Hepatitis A vaccination and written verification acceptable to the City's EMS Director of training in bloodborne pathogens disease prevention techniques.
[Ord. No. 2823 §1(16-37), 4-7-2003]
Any person desiring a permit to operate a tattoo, body piercing and branding establishment shall file a written application with the City on a form to be furnished by the City. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
The name, style and designation under which the business or practice is to be conducted.
The business address and all telephone numbers of the business to be conducted.
The following personal information concerning the applicant, if an individual and concerning each stockholder holding more than ten percent (10%) of the stock of the corporation, each officer and each director, if the applicant is a corporation and concerning the partners, including limited partners, if the applicant is a partnership and concerning the manager or other person principally in charge of the operation of the business:
Name, complete residence address and residence telephone number.
The two (2) previous addresses immediately prior to the present address of the applicant.
Written proof of age with State-issued photo identification.
Height, weight and color of hair and eyes.
Certificate or other written proof that the physician is authorized to practice medicine within the State of Missouri.
Copy of contract with physician consultant detailing standard operating protocols, ensuring public health risks are reduced.
Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application on the qualifications of the applicant for the permit.
Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said declaration being duly dated and signed in the City.
A completed Missouri State Highway Patrol Request for Criminal Records Check form.
All permits shall be renewed on an annual basis. Applications shall be submitted to the City no later than the first (1st) of January in any calendar year.
[Ord. No. 2823 §1(16-38), 4-7-2003]
Upon receiving the application for a tattoo, body piercing and branding establishment or for a permit to do tattooing, body piercing or branding, the City shall review the application.
In the case of applications for a tattoo, body piercing and branding establishment permit, the City shall conduct or cause to be conducted an investigation of the premises where the tattoo, body piercing or branding establishment is to be conducted for the purpose of assuring that the premises comply with all the sanitation requirements set forth in this Chapter and with the regulations of public health, safety and welfare.
Before any permit shall be issued under this Chapter, the City Director of Codes Administration, the Chief of Police and Director of Community Development shall first sign their approval of the application.
[Ord. No. 2823 §1(16-39), 4-7-2003]
The City shall issue a tattoo, body piercing and branding establishment permit within forty-five (45) days of receipt of the application, unless the City finds that:
The correct permit fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation.
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's building, zoning and health regulations.
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the permit or in any document required by the City in connection therewith.
The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the above causes by the City or any other State or local agency within two (2) years prior to the date of the application.
The applicant, if an individual or any of the officers and directors, if the applicant is a corporation or any of the partners, including limited partners, if the applicant is a partnership and the manager or other person principally in charge of the operation of the business is not over the age of twenty-one (21) years.
The manager or other person principally in charge of the operation of the establishment is not a physician licensed to practice medicine pursuant to the laws of the State of Missouri.
The applicant has not provided the City with documentation that he/she has and maintains in full force and effect a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the State of Missouri covering death, personal injury and property damage in the minimum amount of one million dollars ($1,000,000.00) per person and per occurrence.
[Ord. No. 2823 §1(16-40), 4-7-2003]
The tattoo, body piercing and branding establishment permittee shall display his/her permit and that of each and every person employed in the establishment in an open and conspicuous place on the premises of the tattoo or body piercing establishment.
[Ord. No. 2823 §1(16-41), 4-7-2003]
The permit fee for a tattoo, body piercing and branding establishment shall be six hundred dollars ($600.00) for the first (1st) year of licensing and two hundred fifty dollars ($250.00) each year thereafter. Partial years may be prorated. If an establishment has body piercing, branding and/or tattooing, there shall be a separate fee for each establishment.
[Ord. No. 2823 §1(16-42), 4-7-2003]
Any person desiring a permit to operate a tattoo, body piercing and branding establishment shall file a written application by January first (1st) with the City on a form to be furnished by the City. The establishment permit shall be valid for one (1) year and renewed annually.
[Ord. No. 2823 §1(16-43), 4-7-2003]
No tattoo, body piercing and branding establishment permit shall be transferable, separable or divisible and such authority as a permit confers shall be conferred only on the permittee named therein.
[Ord. No. 2823 §1(16-44), 4-7-2003]
Any person desiring a permit to do tattoos or engage in body piercing or engage in branding shall file a written application with the City on a form to be furnished by the City. The operator shall tender with the application the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
The business address and all telephone numbers where the establishment is to be operated.
The following personal information concerning the operator:
Name, complete residence address and residence telephone numbers.
Written proof of age with State-issued photo identification.
Height, weight and color of hair and eyes.
Name, complete residence address and residence and all office telephone numbers of the physician who is to be in charge of the establishment.
A statement, in writing, from a licensed physician, other than the physician who is under contract for the establishment, that he/she had examined the operator within thirty (30) days of the date of the application and believes the applicant to be free of all communicable diseases.
Documentation that he/she has and maintains in full force and effect a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the State of Missouri covering death, personal injury and property damage in the minimum amount of one million dollars ($1,000,000.00) per person and per occurrence.
Diploma, certificate or other written proof of graduation from a recognized school by the person who shall be directly responsible for the operation and management of the tattoo or body piercing establishments.
Written certification from a physician of current Hepatitis A vaccination.
Written verification acceptable to the City's EMS Director of training in disease prevention and bloodborne pathogens.
Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the operator.
Written declaration by the operator, under penalty of perjury, that the information contained in the application is true and correct, with said application being duly dated, notarized and signed in the City.
[Ord. No. 2823 §1(16-45), 4-7-2003]
The permit fee for each person employed on the premises who will do tattooing or body piercing under the direction of a physician shall be seventy dollars ($70.00) per year. Partial years may be prorated.
[Ord. No. 2823 §1(16-46), 4-7-2003]
Any person desiring a permit to do tattoos or engage in body piercing or engage in branding shall file a written application by January first (1st) with the City on a form to be furnished by the City. The operator's permit shall be valid for one (1) year and renewed annually.
[Ord. No. 2823 §1(16-47), 4-7-2003]
Any permit issued pursuant to this Chapter shall be subject to suspension or revocation by the City for violation of any provision of this Chapter or for any grounds that would warrant the denial or issuance of such permit in the first place. The City, upon such revocation or suspension, shall state the reasons in writing, specifying the particular grounds for such revocation or suspension.
Any permit holder may appeal a revoked permit to the Board of Aldermen. The accused shall have the right to be represented by an attorney, to present evidence and to testify on his/her own behalf. The hearing shall be held in public at a regular or special meeting of the Board of Aldermen. If suspension or revocation of the license occurs, no license fee shall be refunded.
[Ord. No. 2823 §1(16-48), 4-7-2003]
No person, firm, partnership, association or corporation shall operate a tattooing, body piercing and branding establishment without first having obtained a business license issued by the City of Harrisonville. It is unlawful to conduct such a business unless the license issued is current, unrevoked and not suspended.
It shall be further unlawful for any person, organization or company within the City limits to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified but for the purpose of carrying out activity or activities defined in this Chapter.
[Ord. No. 2823 §1(16-49), 4-7-2003]
Each tattoo, body piercing and branding establishment shall comply with the following requirements:
The room in which tattooing or body piercing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface.
A handwash sink outside the toilet room shall be located in the establishment and shall be accessible at all times that the tattoo or body piercing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
All tables and other equipment shall be constructed of easily sanitized material, shall be painted or finished in a light color with a smooth, washable finish and shall be separated from waiting customers or observers by a panel at least six (6) feet or one and eighty-three hundredths (1.83) meters high or by a door.
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
The licensee who shall apply the tattoo, perform the branding or perform the body piercing or the person working under the direction of a physician who shall apply the tattoo or perform the body piercing or perform the branding shall wash his/her hands thoroughly with soap and water before starting to tattoo or body pierce. The hands shall be dried with individual, single-use towels.
No tattooing, body piercing or branding shall be done on any skin surface that appears yellow, has a rash, pimples, boils or infections or manifests any evidence of any other unhealthy condition.
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar, branding or tattoo.
Safety razors with a new, single-surface blade for each customer or patron or a straight-edged razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.
The area to be tattooed, branded or body pierced shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile, single-use sponge shall be used to scrub the area. After shaving and before tattooing has begun, a solution of seventy percent (70%) alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument.
Only petroleum jelly in collapsible metal or plastic tubes or its equivalent shall be used on the area to be tattooed and it shall be applied with sterile gauze.
The use of styptic pencils, alum blocks or other solid styptic to check the flow of blood is prohibited.
Inquiry shall be made and anyone giving a history of recent jaundice or hepatitis shall not be tattooed or body pierced.
Single-service or individual containers of dye or ink shall be used for each patron and the container therefore shall be discarded immediately after completing the work on a patron and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one (1) person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze and saturated with an antiseptic soap solution or a seventy percent (70%) alcohol solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet when not in use. Such cabinets shall be maintained in a sanitary manner at all times.
A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any patron. Sterilization of equipment shall be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of fifteen (15) pounds per square inch at a temperature of two hundred forty degrees Fahrenheit (240°F) or one hundred sixteen degrees Celsius (116°C).
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing, body piercing or branding that they will not be contaminated.
Gloves shall be worn with any procedure that involves contact with a patron's blood.
Immediately after piercing, tattooing or branding, the patron shall be advised on the care of the site so body pierced or tattooed and to consult a physician at the first (1st) sign of infection.
Forceps, accessory equipment and jewelry must be disinfected with a chemical disinfectant registered by the Environmental Protection Agency as being tuberculocidal when used at recommended dilutions.
Needles shall not be bent or broken prior to disposal. Operator shall take precautions to prevent injuries from contaminated needles.
Needles shall be disposed of directly into a solid puncture-resistant container.
Needles as well as gloves, gauze and other materials saturated with blood shall be discarded in a plastic bag and placed into a cardboard box prior to off-site disposal. A written agreement for disposal of such biohazard waste shall be with an authorized service for disposal of medical waste.
The premises shall be kept clean and free of vermin at all times. There shall be no fly or mosquito breeding places or rodent harborage in the areas where procedures are conducted. Pets and non-human animals shall not be permitted in or on the premises.
[Ord. No. 2823 §1(16-50), 4-7-2003]
Each tattoo, body piercing and branding establishment shall maintain permanent records for each patron. Before the tattooing, body piercing or branding operation begins, the patron shall be required personally to enter on a record form provided for such establishments the date, his/her name, his/her address, his/her age and his/her signature. The records shall also provide that the patron does not have any jaundice or hepatitis and, if so, the date of such jaundice or hepatitis. Such records shall be maintained in the establishment and shall be available for examination by the City. Such records shall be maintained by the establishment for a period of not less than two (2) years.
[Ord. No. 2823 §1(16-51), 4-7-2003]
No patron having any skin infection or any disease of the skin or any communicable disease whatsoever shall be tattooed, pierced or branded. All infections resulting from the practice of tattooing, body piercing or branding which become known to the establishment shall be promptly reported to the City's EMS Director by the operator of the tattoo, body piercing and branding establishment and the infected patron shall be referred immediately to a physician.
[Ord. No. 2823 §1(16-52), 4-7-2003]
All pigments, dyes, colors and any other material used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances and the pigments, dyes and colors used from stock solutions for each patron shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded after use on each patron.
[Ord. No. 2823 §1(16-53), 4-7-2003]
All bandages and surgical dressings used in connection with the tattooing, body piercing or branding of a person shall be sterile.
[Ord. No. 2823 §1(16-54), 4-7-2003]
Each tattoo, body piercing and branding establishment shall have on the premises written protocols for standard operating procedures as supervised and enforced by physician consultant.
[Ord. No. 2823 §1(16-55), 4-7-2003]
Business shall only be conducted between the hours of 7:00 A.M. and 7:00 P.M.
[Ord. No. 2823 §1(16-56), 4-7-2003]
The following geographic conditions shall apply to protect the character of residential and commercial areas and preserve the value of the property throughout the City.
A tattooing, body piercing and branding establishment shall not be established within five hundred (500) feet of the district boundary line of any residential zoning district.
A tattooing, body piercing and branding establishment shall not be established or expanded within five hundred (500) feet of the property line of a church, school or public park.
A tattooing, body piercing and branding establishment shall only be allowed in appropriate zoning districts with a special use permit as defined by the Harrisonville zoning ordinance.
[Ord. No. 2823 §1(16-57), 4-7-2003]
No tattoo, body piercing and branding establishment shall permit any person under the age of sixteen (16) years to come or remain on the premises of any establishment, unless such person is on the premises on lawful business.
[Ord. No. 2823 §1(16-58), 4-7-2003]
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any tattoo, body piercing and branding establishment.
[Ord. No. 2823 §1(16-59), 4-7-2003]
It shall be the duty and responsibility of the City Administrator, Director of Codes Administration, Harrisonville Police Department, City Clerk and/or the Community Development Director to enforce these regulations. When, on the basis of a complaint, personal observation and/or other information, an authorized enforcement official reasonably suspects that a violation has occurred, it is the applicant's responsibility to cooperate with the investigating official(s).
[Ord. No. 2823 §1(16-60), 4-7-2003]
Any person who violates the provisions of this Chapter shall be guilty of a municipal offense and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) but no more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or shall be both so fined and imprisoned. In addition, any violation of this Chapter shall be grounds for the City to revoke any or all licenses or permits issued by the City.
Each violation of this Chapter shall be considered a separate offense and any violation continuing more than one (1) day shall be considered a separate offense for each day of violation.
The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from conducting, operating or maintaining a tattooing and body piercing establishment contrary to the provisions of this Chapter.