[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 7-22-2002 by Ord. No. 516; amended in its entirety 10-26-2009 by Ord. No.
581-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 218.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Health Officer of the Borough of Lehighton.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing is performed
and any individual who performs or practices the art of tattooing
on another person.
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of a human with
ink or any other substance, resulting in the coloration of the skin
by aid of needles or any other instrument designed to touch or puncture
the skin. This definition shall not apply to medical doctors, or doctors
of veterinary medicine, in performing their professional duties.
A.
License required. It shall be unlawful for any person to engage in
the business of operating a tattoo establishment without first obtaining
a license to engage in such business, in accordance with the provisions
of this article and unless abiding by the provisions hereof.
B.
Application for license. Applicants for a license under this article
shall submit to the Zoning Officer a written application concerning
certain data as required by the Zoning Officer.
C.
Fee; expiration. Each applicant, before being granted a license,
shall pay a fee of $75 for the initial inspection and $50 per year
thereafter. Each license shall be issued for a period of one year
and shall expire at the end of one year. Each license must be renewed
by the applicant with the renewal fee of $50. The application fee
and renewal fee may be revised by resolution of Borough Council.
D.
Display of license. The license provided for in this article shall
be posted conspicuously at the location where the applicant conducts
the tattooing.
E.
Transferability. If the licensee moves his or her tattooing business to another location within the Borough of Lehighton, the license may be transferred to such new location upon application to the Zoning Officer giving the street and number of the new location. The new location shall first be approved by the Zoning Officer in the same manner as provided in § 198-4 of this article. However, the license is not transferable to any other operator other than the applicant.
A.
The application for a license shall be referred to the Health Officer.
The Health Officer shall inspect the proposed location to determine
if it complies with the health and sanitary provisions of this article
prior to issuing a license. The Health Officer shall issue a report
to the Borough and/or the Zoning Officer regarding compliance with
the health and sanitary provisions of this article. Prior to issuing
a license, the Zoning Officer shall review the report issued by the
Health Officer and shall also review any applicable federal, state
and local laws and regulations, including, but not limited to, the
Americans with Disabilities Act,[1] Labor and Industry standards and regulations and the Borough
Zoning Ordinance.[2]
B.
The Health Officer may conduct inspections of any tattooing establishment
at any time for the purpose of determining whether or not said establishment
and persons performing the art of tattooing therein are in compliance
with all applicable health provisions and other provisions of this
article. The Borough's Zoning Officer and/or Code Enforcement
Officer may conduct inspections of any tattooing establishment at
any time for the purpose of determining whether or not said establishment
is in compliance with all applicable federal, state and local laws
and regulations, including, but not limited to, the Americans with
Disabilities Act, all Labor and Industry standards and regulations
and the Borough's Zoning Ordinance. It shall be unlawful for
any person or operator of a tattooing establishment to willfully prevent
or restrain the Health Officer, the Borough's Zoning Officer
and/or Codes Enforcement Officer from entering any licensed establishment
where tattooing is being performed for the purpose of inspecting said
premises after proper identification is presented to the operator.
Every person who operates a tattooing establishment shall comply
with the following requirements:
A.
The room in which tattooing is done shall have an area of not less
than 100 square feet. The walls, floors and ceilings shall have an
impervious, smooth, washable surface and shall be painted or finished
in a light color. Carpeting is prohibited in tattooing area(s) and
toilet room(s).
B.
A toilet shall be located in the establishment and shall be accessible
at all times the tattooing establishment is open for business. The
lavatories shall be supplied with hot and cold running water, soap
and single-use towels provided in approved containers.
C.
All tables and other equipment shall be constructed of easily cleanable
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 four feet high.
D.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
E.
Each room in which tattooing is performed shall have hot and cold
running water, soap and single-use towels provided in approved dispensers.
F.
The operator shall scrub his/her hands thoroughly with soap and water
before starting to tattoo; the hands shall be dried with individual
single-use towels. Sterile surgical gloves (or the equivalent) shall
be worn by the operator when tattooing. Gloves shall be used only
once, and then disposed of.
G.
If razors are used by the operator, the razor shall be a single-use
disposable razor; and shall be disposed of after use.
H.
The area to be tattooed shall first be thoroughly scrubbed with an
antiseptic soap for a minimum of two minutes, and an approved sterilization
preparation used. Waste materials shall be deposited in an easily
cleanable, covered waste container, provided in the tattooing area.
I.
Only petroleum jelly in collapsible metal or plastic tubes (or its
equivalent), as approved by the Health Officer, shall be used on the
area to be tattooed, and it shall be applied with sterile gauze.
J.
The use of styptic pencils, alum blocks or other solid styptics to
check the flow of blood is prohibited.
K.
Single-service or individual containers of dye or ink shall be used
for each patron, and the container, therefor, shall be discarded immediately
after completing work on a patron. 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 on only one person and then immediately
discarded. After completing work on any person, the tattooed area
shall be washed with sterile gauze, saturated with an antiseptic soap
solution or appropriate alcohol solution. The tattooed area shall
be allowed to air dry.
L.
No tattoo establishment may attempt to remove a tattoo from any person
or allow such a procedure to take place on its premises.
M.
No holder of a license hereunder, or the servant or employee of such
holder, shall tattoo any person under the age of 18 years without
first obtaining a written parental authorization. All parental authorizations
shall be maintained on file and be available for inspection for a
period of seven years. Proof of age shall be required of all patrons.
N.
Animals shall not be permitted in the tattooing establishment, except
where permitted by state law.
O.
All clean and ready-to-use needles and instruments shall be kept
in a closed glass or metal case or storage cabinet while not in use.
Such cabinet shall be maintained in a sanitary manner at all times.
P.
Only disposable needles shall be used by the operator.
Q.
A steam sterilizer (autoclave) shall be provided for sterilizing
any metal instruments before use on any customer, person, or patron.
Sterilization of equipment shall be accomplished by following manufacturer's
directions. The metal instruments shall be cleaned after use with
an approved detergent cleaner and packaged with steam indicators.
Spore testing of the autoclave shall be done according to manufacturer's
directions. Alternate sterilizing procedures may only be used when
specifically approved by the Health Officer.
R.
No person, customer or patron having any skin infection or other
disease of the skin or any communicable disease shall be tattooed.
All infections resulting from the practice of tattooing which become
known to the operator shall be promptly reported to the Health Officer
by the person owning or operating the tattoo establishment.
S.
All pigments, dyes, colors, etc., used in tattooing shall be sterile
and free from bacteria, virus particles and noxious agents and substances.
T.
All bandages and surgical dressings used in connection with the tattooing
of a person shall be sterile.
A.
A license issued hereunder may be suspended or revoked by the Health
Officer upon the occurrence of any of the following events:
(1)
The application for such license contained a false statement(s);
and/or
(2)
Violation(s) of the provisions of this article by the operator of
the tattoo establishment, or any agent or employee thereof; and/or
(3)
The operator of the tattoo establishment is convicted and pleads
guilty or nolo contendere to an offense listed under the Pennsylvania
Crimes Code relating to the conduct of a tattoo establishment.
B.
The Health Officer shall serve the operator of the tattoo establishment
with written notice of said suspension or revocation, specifying the
reasons therefor, before said suspension or revocation shall become
effective. Service of said notice shall be deemed effective if delivered
to the person in apparent charge of the tattoo establishment.
C.
The operator of the tattoo establishment shall have the right to
a hearing on said suspension or revocation, whether or not the suspension
or revocation was immediately effective, before the Safety Committee
of the Borough Council if the operator formally files a written request
for such a hearing at the Borough Office within 30 days after the
service of the notice of such suspension or revocation. Following
such a hearing, the Safety Committee of the Borough Council may uphold,
reverse, or modify such suspension or revocation.
In addition to the revocation or suspension of any license as
provided in this article, any operator or other person who shall violate
any provision of this article shall, upon conviction thereof, be subject
to a fine of not less than $100 nor more than $600. Each day that
a violation of this article exists shall constitute a separate violation.
