Editor's note — Ord. no. 96-08 adopted March 21, 1996 replaced ch. 640 and enacted new provisions as set out herein. Former ch. 640 derived from ord. no. 94-38, 8-4-1994 and ord. no. 95-04, 1-10-1995.
[Ord. No. 96-08 §640.010, 3-21-1996; Ord. No. 14-09, 8-21-2014]
As used in this Chapter, the following terms shall have these prescribed meanings:
- BODY PIERCING
- The perforation of human tissue other than an ear for a nonmedical purpose. (Refer: 20 CSR 2267-1.010)
- Making a permanent mark on human tissue by burning with a hot iron or other instrument. (Refer: 20 CSR 2267-1.010)
- Includes the Director of Taney County Health Department or his/her designee.
- A person who practices the art of tattooing, body piercing, or branding.
- Any individual, firm, or corporation, owner or operator of a tattooing, body piercing, or branding establishment.
- Placing an indelible mark on the body of another person by the insertion of a pigment under the skin or an indelible design made on the body of another person by production of scars other than branding. (Refer: 20 CSR 2267-1.010) This definition does include the application of permanent cosmetics.
- TATTOOING/BODY PIERCING/BRANDING ESTABLISHMENTS
- Any place or facility where the art of tattooing, body piercing, or branding is performed.
[Ord. No. 96-08 §640.020, 3-21-1996; Ord. No. 14-09, 8-21-2014]
It shall be unlawful for any person, firm, or corporation owning, controlling or leasing, acting as agent for, conducting, managing or operating any establishment to practice the art of tattooing, body piercing, or branding or to engage in the practice of tattooing, body piercing, or branding without first applying for and receiving a permit from the City Clerk in the manner herein provided.
Application. Any person desiring a body art health permit shall make written application for a permit on forms provided by the City Clerk or Health Director. The application shall include the applicant's full name, address, telephone number, location of the proposed body art establishment and such other information as may be required.
Issuance. After receipt of an application for a body art health permit, the Health Department shall inspect the proposed body art establishment to determine compliance with the provisions of this Chapter. If applicable requirements of this Chapter have been met, the Health Department shall issue a body art health permit.
Annual inspection fee. An annual inspection fee shall be paid at the time the health permit is issued.
[Ord. No. 96-08 §640.050, 3-21-1996; Ord. No. 14-09, 8-21-2014]
It shall be unlawful for any person to employ an operator in the practice of tattooing, body piercing, or branding without such operator having first secured an operator's card, and it shall be unlawful for any person or operator who does not possess valid operator's card to perform a tattoo, body piercing or branding procedure. The issuance of the operator's card shall be subject to compliance with regulations. An operator's card shall be subject to suspension or revocation for any violation by the holder of the said operator's card of any rule or provision of this Chapter or of applicable State law.
[Ord. No. 96-08 §640.030, 3-21-1996; Ord. No. 14-09, 8-21-2014]
A tattoo/body piercing/branding establishment, the permit of which is suspended, may at any time make application for the reinstatement of the permit. Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision of this Chapter is compliant, the Director shall make a reinspection, and thereafter as many additional reinspections as he/she may deem necessary, to assure himself/herself that the applicant is again complying with the requirements of this Chapter, and if in case the findings indicate compliance, shall reinstate the permit.
[Ord. No. 96-08 §640.040, 3-21-1996; Ord. No. 14-09, 8-21-2014]
Upon approval of an application for a permit to engage in the practice of tattooing, body piercing, or branding, and upon payment of a license fee hereinafter provided, the Director shall issue the permit.
Every person engaged in the business of conducting, managing or operating an establishment for the practice of the art of tattooing, body piercing, or branding shall pay a permit fee based on the number of employees working within the City of Hollister.
[Ord. No. 96-08 §640.060, 3-21-1996; Ord. No. 14-09, 8-21-2014]
A permit for a tattooing, body piercing, or branding establishment or an operator's card under the provisions of this Chapter may be granted at any time during the year, but all permits and operator's cards issued herein under shall expire on the 30th day of June. Said permit or operator's card shall not be transferable.
[Ord. No. 96-08 §640.070, 3-21-1996; Ord. No. 14-09, 8-21-2014]
All permits, operator's cards and documents required by 20 CSR 2267 shall be posted at all times in a conspicuous place in the establishment.
[Ord. No. 96-08 §640.080, 3-21-1996; Ord. No. 14-09, 8-21-2014]
Compliance. Any person maintaining, conducting, operating or managing any tattooing, body piercing, or branding establishment must comply with the following regulations.
No tattoo, body piercing, or branding may be administered by any person under twenty-one (21) years of age to any person less than eighteen (18) years of age. The operator will obtain proof of age before the tattoo, body piercing or branding procedure is done.
Before tattooing, body piercing, and/or branding, the patron must be advised that the tattoo or brand should be considered permanent; tattoos or brands can be removed only with surgical procedure; and that any effective removal may leave permanent scarring and disfigurement. The patron must be advised that body piercings are not permanent and must be cared for to keep them functional and free of infection.
A properly authorized consent form signed by the patron acknowledging that he or she has been informed in person and in writing, pursuant to 20 CSR 2267-5.020 Section (2) of this rule. The informed consent form shall be retained on file in the tattoo, body piercing and/or branding establishment. (Refer to 20 CSR 2267-5.020)
The skin surface to be tattooed, pierced, or branded must be free of rash, pimples, infection or recent scar tissue. The patron must be in apparent good health and the skin to be tattooed, pierced, or branded generally free of all appearances of pathological conditions.
Tattoos, body piercings, or brands may not be administered to any person under the influence of drugs or alcohol. The operator is responsible for making reasonable observation and inquiry to assure himself/herself that the patron is sober and not under the influence of drugs.
After the procedure is complete, the operator shall provide the patron with verbal and written instructions for the care of the tattoo, pierce or brand. (Refer to 20 CSR 2267-5.040)
The regulations herein provided shall not allow nor permit the removal of any tattoo or brand, nor shall the operator perform or attempt to perform any procedure which is intended to remove any tattoo or brand. Any attempt by an operator to perform a tattoo or brand removal procedure, shall result in the immediate suspension of the operator's health permit. A hearing may be conducted as to why the operator's permit should be reinstated. The above procedure shall not preclude prosecution of the operator during the same period of permit suspension.
Upon request by proper authority, operators shall disclose records of all tattoos, body piercing, or branding. Said records shall disclose the name, address, telephone number, date of birth, driver's license number or official picture identification number of the patron and health conditions of patron consent form. (Refer to 20 CSR 2267-5.020)
Premises and equipment must be maintained in a sanitary manner. This includes physical cleanliness as well as antiseptic precautions.
All tattoo, body piercing, and/or branding parlors shall be equipped with hot and cold running water. Adequate toilet facilities with antibacterial soap and single-service towels properly installed and in compliance with applicable ordinances, rules and regulations of the City of Hollister shall be provided. All tattoo, body piercing and/or branding establishments shall have a separate sink to be used only for sterilization purposes. (Refer to 20 CSR 2267-3.010)
All tattoo, body piercing, and/or branding parlors shall be well lit with not less than fifty (50) footcandles in all cleaning and working areas.
All tattoo, body piercing, and/or branding parlors shall have ventilation as required by applicable ordinances and regulations of the City of Hollister.
All tattoo, body piercing, and/or branding parlors shall be of sufficient size to accommodate required equipment and business done therein.
Floors, walls, ceilings, and fixtures shall be clean and in good repair and maintained in a clean condition. (Refer to 20 CSR 2267-3.010)
Adequate equipment and facilities shall be provided for the disposition of infectious waste, including but not limited to sharps waste, which shall be placed in a properly marked biohazard bag or sharps container and disposed of by an approved biohazardous waste company. (Refer to 20 CSR -3.010)
All furniture in an establishment in the tattooing, piercing, or branding process shall be constructed of a material allowing easy and thorough cleaning and shall be maintained in a clean and sanitary condition. (Refer to 2267-3.010)
The Director, or agent of the State Office of Tattooing, Body Piercing and Branding, or the City of Hollister, upon proper identification, shall be permitted to enter any tattoo, body piercing and/or branding establishment at any reasonable time to determine if the establishment and its practitioners are in compliance with Missouri statutes, regulations, and City ordinances and to examine the records of the establishment. (Refer to 20 CSR 2267-6.010)
Alcoholic beverages shall not be consumed on premises. (Refer to 20 CSR 2267-5.010)
No animals, except for those providing services to persons with disabilities, are permitted in a tattoo, body piercing, and/or branding establishment. (Refer to 20 CSR 2267-3.010)
A tattoo, body piercing or branding establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of eighteen (18) shall be tattooed, body pierced, or branded. (Refer to 20 CSR 2267-5.020)
Single-use containers of pigment or ink shall be used for each patron and the remainder of unused portions properly and permanently disposed of and/or destroyed after each application. (Refer to 20 CSR 2267-5.010)
Instruments, dyes, pigments, stencils, branding irons, and other branding instruments used for tattooing, body piercing and branding shall be sterilized and stored in a safe and sanitary manner in order to prevent contamination. (Refer to 20 CSR 2267-5.010)
Sterilization of equipment shall be by: steam pressure sterilization (autoclave), operated at a minimum of two hundred fifty degrees Fahrenheit (250° F.) and/or one hundred twenty-one degrees Celsius (121° C.) at a pressure of at least fifteen (15) pounds per square inch for not less than thirty (30) minutes. (Refer to 2267-1.010)
To prepare for steam pressure sterilization, manually preclean the items with care taken to ensure removal of residue; thoroughly rinse the items with warm water, then drain the water; clean the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to manufacturer's instruction; clean the items further in an ultrasonic cleaning device that operates at forty (40) to sixty (60) hertz. (Refer to 20 CSR 2267-5.030)
Rinsing and drying the items. (Refer to 20 CSR 2267-5.030).
When an autoclave procedure is used, heat-sensitive indicators capable of indicating approximate time and temperature achieved shall be used. (Refer to 20 CSR 2267-5.030).
Each tattoo, body piercing and branding establishment shall maintain sterilization records including spore tests for at least two (2) years from the date of the last entry, which shall include the following information: with date of sterilization, name of person operating the equipment, result of heat-sensitive indicator for each sterilization process shall be kept on file for inspection by the appropriate authority. (Refer to 20 CSR 2267-5.030)
All sterilized instruments shall be wrapped and stored in a manner that ensures they will remain sterile until used. (Refer to 20 CSR 2267-5.030)
All tattoo stencils shall be single-use, and each stencil shall be properly discarded after one (1) use. (Refer to 20 CSR 2267-5.010)
Minimum Acceptable Aseptic Technique.
Neither the patron nor operator shall consume or bring food or drink or alcohol into the tattooing, body piercing, or branding area and shall not smoke during the procedure or in the room(s) where the tattooing, body piercing, or branding takes place. (Refer to 20 CSR-5.010)
The operator must be free from communicable disease while tattooing, piercing, or branding and present no pustular lesions of the hands or arms.
Immediately before administering a tattoo, piercing, or branding the operator must thoroughly wash his/her hands and arms in hot water with soap and then dry the hands with a single-service towel. The operator shall wear non-porous disposable gloves at all times when in contact with a patron's skin. (Refer to 20 CSR-5.010)
The operator shall wear clean and easily washable outer clothing while tattooing, piercing, or branding. (Refer to 20 CSR 2267-5.010)
The operator, while administrating a tattooing, piercing, or branding shall wear non-absorbent gloves when preparing the skin and performing each procedure and shall in general pay particular attention to his/her personal hygiene. (Refer to 20 CSR 2267-5.010)
The skin surrounding the area where the tattoo, piercing, or branding is to be placed shall first be washed with a germicidal soap and then prepare the area with an antiseptic. The solution shall be applied with cotton, gauze or single-use toweling. (Refer to 20 CSR 2267-5.040)
Single-use razor blades shall be used when the customer is shaved and then the razor is disposed of in the appropriate container. (Refer to 20 CSR 2267-5.010)
During any phase of the tattoo, piercing, or branding procedure, should the operator be interrupted for other duties, i.e., answering the phone, etc.; the operator shall wash his/her hands and arms and wear non-porous disposable gloves as in Subsection (E)(3) herein before resuming the tattoo, piercing or branding procedure. (Refer to 20 CSR 2267-5.010)
All infections resulting from the practice of tattooing, piercing, or branding shall be reported to the Director by the person owning or operating the tattooing or piercing establishment.
[Ord. No. 96-08 §640.090, 3-21-1996; Ord. No. 14-09, 8-21-2014]
Any person, firm or corporation who shall violate any of the provisions of this Chapter or fail to comply with any order or regulation made thereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).