[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 7, Ch. 13, of the 2005 Village Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 369.
The provisions of this chapter shall apply to tattoo and body
piercing facilities, tattoo artists and body piercers, and the practice
of tattooing and body piercing.
The following definitions shall be applicable in this chapter,
unless otherwise specifically indicated:
A person who performs body piercing on another person at
that person's request.
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
The premises where a body piercer performs body piercing.
County or state agencies/officials having regulatory and
inspection responsibilities and authority regarding health matters
associated with tattooing and body piercing practices and facilities.
The Chief of Police or Building Inspector may perform some of these
functions if so directed by the health authorities.
Submission to the steam pressure (autoclave) method with
at least 15 pounds of pressure per square inch at 250° F. for
at least 30 minutes, such that all forms of microbial life, including
spores, viruses, bacteria and fungi, are destroyed.
Any person engaged in the practice of tattooing.
The location where tattooing is practiced.
Includes any method of placing or removing designs, letters,
scrolls, figures, symbols or any other marks upon or under the skin
of a person with ink or color by the aid of needles or instruments.
A single building, structure, area or location where both
tattooing and body piercing are performed for a maximum of seven days
per event.
A single building, structure, area or location where a tattoo
artist or body piercer performs tattooing or body piercing for a maximum
of seven days per event.
The provisions of this chapter shall be administered by or under
the direction of the Clerk-Treasurer, in consultation with health
authorities and Village law enforcement authorities, who in person
or by duly authorized representative shall have the right to enter
at reasonable hours upon premises affected by this chapter to inspect
the premises, examine and copy relevant documents and records, or
obtain photographic or other evidence needed to enforce the provisions
of this chapter.
A.
Permit required. No person shall engage in the practice of tattooing
or body piercing or shall carry on the business of operating a tattoo
or body piercing facility or a combined tattoo and body piercing facility
within the Village of Argyle unless he/she has a valid permit issued
by the Clerk-Treasurer for each and every such place of business.
B.
Application. Application for permits shall be made in writing to
the Clerk-Treasurer, stating the name and address of the applicant
and the name and address of the proposed tattoo or body piercing facility
or a combined tattoo and body piercing facility, together with such
other information as may be required.
C.
Fee. An annual fee as prescribed from time to time by resolution
of the Village Board shall accompany the applications for tattoo or
body piercing facility permit, tattoo artist permit, temporary facility
or temporary combined facility permit, body piercer permit, combined
tattoo and body piercing facility permit, or inspection of a new facility.[1]
D.
Permit. Permits shall be posted in a conspicuous place in the tattoo
or body piercing facility. Permits are not transferable and, except
for temporary tattoo or body piercing facility permits, shall expire
on June 30 following their issuance.
(1)
Tattoo or body piercing facility permit. A separate permit is required
for each tattoo or body piercing facility. A permit shall not be transferable
to a location other than the one for which it was issued. Such permits
shall expire on June 30 following their issuance, unless they are
issued between April 1 and June 30, in which case they shall expire
on June 30 of the following year.
(2)
Tattoo artist or body piercer permit. A separate permit is required
for each tattoo artist or body piercer engaged in the practice of
tattooing or body piercing. Such permits shall expire on June 30 following
their issuance, unless they are issued between April 1 and June 30,
in which case they shall expire on June 30 of the following year.
(3)
Temporary facility or temporary combined facility permit. A separate
permit is required for each temporary facility or temporary combined
facility. Such permit is not transferable to a location other than
the one for which it was issued and shall expire seven days after
the date it was issued.
E.
Permit suspension and revocation. Such permit may be temporarily suspended by the Chief of Police, Building Inspector or health authorities for violations that present an immediate health hazard or may be revoked after repeated violations of this chapter. Any person affected by such suspension or revocation shall have the right to appeal pursuant to § 582-8.
A.
Premises.
(1)
Floor surfaces in the room in which the tattoo or body piercing is
administered shall be impervious, smooth and washable. Carpeting is
not allowed.
(2)
A hand-washing facility supplied with hot and cold water under pressure,
soap and single-service towels shall be conveniently located in the
tattoo or body piercing area, in addition to what is provided in the
toilet room.
(3)
Approved waste containers with nonabsorbent, durable plastic liners
shall be used for all tissues, towels, gauze pads and other similar
items used on the client. Any infectious waste shall be disposed of
as required by Ch. NR 526, Wis. Adm. Code.
(4)
Adequate cabinets with washable surfaces shall be provided for exclusive
storage of instruments, dyes, pigments, stencils and other equipment
used in the practice of tattooing or body piercing.
(5)
All tattoo or body piercing facilities shall be maintained in a clean,
sanitary condition and in good repair.
(6)
The tattoo or body piercing facility application area where the procedure
is performed shall be adequately lighted to a minimum of 50 footcandles.
(7)
Tattooing or body piercing shall be performed by a tattoo artist
or body piercer in a tattoo or body piercing facility completely separated
from any living quarters by a solid permanent partition. A solid door
leading to the living quarters is permitted, provided it remains closed
during business hours. A direct outside entrance to the tattoo or
body piercing facility shall be provided.
B.
Equipment.
(1)
Autoclaves. All tattoo or body piercing facilities shall be equipped
with an autoclave which is in good working order and which is manufactured
with temperature and pressure gauges marked and visible on the outside
of the unit.
(a)
As an alternative to requiring a pressure gauge, spore strips
or suspensions shall be used at least weekly and results recorded
for performance checks of the autoclave.
(b)
A record must be maintained for each sterilization cycle, including
date, sterilizing temperature, length of time at sterilizing temperature,
and what was autoclaved.
(c)
A minimum of one time sterile indicator tape shall be included
with each load sterilized and the results recorded and the autoclave
shall be spore tested at least monthly. Spore kill effectiveness testing
shall be conducted by an independent laboratory.
(d)
The autoclave shall be of sufficient size and shall be operated
in accordance with manufacturer's recommendations and in a manner
to prevent crowding of the chamber.
(e)
The autoclave chamber temperature shall be checked at least
weekly with a maximum registering thermometer and results recorded.
(2)
Sterilized instruments. All instruments used in the practice of tattooing
or body piercing shall be sterilized before use.
(a)
All instruments shall be thoroughly cleaned before being sterilized.
This may be done with an ultrasonic cleaner or with a probe, needles
or brush able to enter the smallest opening of the instrument. The
cleaning of instruments shall be done with detergent and hot water
or other methods approved by health authorities.
(b)
All instruments used in the tattoo or body piercing procedure
shall be stored in a clean, dry manner after sterilization and handled
in a way that will prevent recontamination.
(3)
Needles. Needles shall be disposable, sterile, single-patron use.
(4)
Stencils.
(a)
Plastic stencils shall be thoroughly cleaned with soap and water
and sanitized after each use. They are to be sanitized by immersion
for 30 minutes in a chlorine disinfectant solution prepared by mixing
one tablespoon of household bleach containing five-percent chlorine
with one pint of water and allowed to air dry.
(b)
Prior to use, each precleaned and sanitized plastic stencil
shall be rinsed in a seventy-percent isopropyl alcohol solution and
allowed to air dry.
(c)
Paper stencils shall only be used once. New paper stencils shall
be used for every individual.
(5)
Dyes and inks.
(a)
The licensee shall submit in writing to the health authorities
the source of all dyes and inks used in administering tattoos.
(b)
Nontoxic dyes or inks shall be taken only from effectively covered
squeeze bottle containers that are easy to clean and disinfect.
(c)
Immediately before applying a tattoo, the dye to be used for
the tattoo shall be squeezed from the dye bottles into disposable
cups. The disposable cups shall be stored and handled in a manner
to prevent them from becoming contaminated. Upon completion of the
tattoo, the cups and dye shall be discarded. Any dye in which the
needles were dipped shall not be used on another person.
C.
Skin preparation.
(1)
Aseptic technique. Aseptic technique must be utilized in the practice
of tattooing or body piercing:
(a)
Each tattoo artist or body piercer is required to scrub his/her
hands with liquid soap (i.e., tincture of green soap) and water thoroughly
before commencing tattooing or body piercing on the client.
(b)
If the client's skin is to be shaved, the skin shall be
washed with a cleansing antiseptic/antimicrobial skin cleaner before
shaving. A safety razor shall be used. A new blade shall be used for
each client. The blade shall be discarded after each use. Reusable
blade holders shall be sterilized after each use. If disposable blade
holders are used, they may be used on one client only and then must
be discarded.
(c)
The skin area to be tattooed or body pierced shall first be
cleansed with soap and water and then prepared with antiseptic such
as seventy-percent alcohol (and allowed to air dry) or other method
approved by the health authorities.
(d)
Single-use gauze pads or towels shall be used in the skin cleaning
and preparation.
(e)
Petroleum jelly applied on the tattoo area shall be dispensed
from a single-use disposable container or with a sterile tongue blade
or sterile applicator stick which shall be discarded after each use.
(2)
Antibacterial ointments. After the tattooing or body piercing is
completed, only antibacterial ointments shall be applied on the tattoo
or body piercing, and if a dressing is to be used, it must be a sterile,
nonsticking dressing.
(3)
Instructions. Persons tattooed or body pierced shall be provided
with printed instructions regarding tattoo or body pierce care during
the healing process.
D.
General supplies.
(1)
All tattoo or body piercing facilities shall have clean, laundered
towels, washcloths or disposable paper towels in sufficient quantity
for the sanitary operation of the practice of tattooing or body piercing.
(2)
A clean towel and washcloth shall be used for each client.
(3)
Clean towels and washcloths shall be stored in a closed, dustproof
container.
(4)
Soiled towels and washcloths shall be stored in an approved covered
container.
(5)
All tattoo artists or body piercers shall wear clean, washable garments.
(6)
The operating table, chair and supply tables shall be constructed
of a material capable of being easily and thoroughly cleaned and disinfected.
E.
Tattoo artist and body piercer requirements.
(1)
The tattoo artist or body piercer shall be free of infectious or
contagious disease that may be transmitted by the practice of tattooing
or body piercing.
(2)
Tattoo artists or body piercers with open sores or skin infections
on the hand or hands shall not be permitted to engage in the practice
of tattooing or body piercing. The tattoo artist or body piercer shall
wear single-use disposable latex or vinyl gloves during tattooing
or body piercing.
(3)
Smoking or consumption of food or drink shall not be allowed in the
immediate vicinity where the tattoo or body piercing procedure is
being performed.
(4)
The tattoo artist or body piercer shall wash his/her hands thoroughly
with liquid soap and water before any skin preparation, tattooing
or body piercing and after removing gloves. The hands shall be dried
with individual single-service towels.
(5)
No person shall be present in the immediate vicinity of the area
in which tattoos or body piercing are administered unless authorized
by the tattoo artist or body piercer.
(6)
No animals, except guide dogs, are allowed in the tattoo or body
piercing facility.
(7)
The work areas, such as countertops, must be cleaned and wiped with
a disinfectant between clients.
(8)
Physical examination of tattoo artists or body piercers may be required.
Health authorities shall have the power to require any tattoo artist
or body piercer to submit to a practicing physician for a physical
examination whenever the tattoo artist or body piercer is reasonably
suspected of having any infectious or contagious disease that may
be transmitted by the practice of tattooing or body piercing. The
expense of the physical examination shall be the responsibility of
the tattoo artist or body piercer. All medical records shall remain
confidential, except as otherwise provided by law. Failure to obtain
the required physical examination shall result in suspension or revocation
of the tattoo artist or body piercing permit.
F.
Clients.
(1)
Inquiry shall be made and no tattooing or body piercing shall be
performed on any person who is suspected of having jaundice or hepatitis
or who has recovered from jaundice or hepatitis within the preceding
six months.
(2)
Tattooing or body piercing shall not be performed on any person in
an area with an evident skin infection or other skin disease or condition,
including, but not limited to, rashes, pimples, boils or infections.
The requirements contained in this chapter shall apply to temporary
facilities and temporary combined facilities, except where superseded
by the following:
A.
Permit.
(1)
No temporary facility or temporary combined facility may be operated
before being granted a permit by the Clerk-Treasurer.
(2)
No permit may be issued without prior inspection.
(3)
The permit issued by the Clerk-Treasurer shall be conspicuously displayed
in the temporary facility or temporary combined facility.
(4)
A tattoo artist or body piercer operating a temporary facility or
combined temporary facility found to be an habitual violator of this
chapter by the Clerk-Treasurer may be denied a permit to operate or
may have the permit revoked.
B.
Premises.
(1)
Floors shall be maintained in a sanitary condition. Dirt floors shall
be covered by an approved material which will provide protection from
dust.
(2)
Water facilities.
(3)
Water in sufficient quantity shall be hauled and stored in containers
that are easily cleanable, provided with tight-fitting covers, and
maintained in a clean and sanitary condition.
(4)
Liquid soap and single-service towels for hand washing and drying
hands shall be provided.
C.
Equipment. If an approved autoclave/sterilizer is not provided, only
presterilized instruments that are prewrapped with time sterile indicator
tape attached and stored in a clean, dry manner may be used in the
practice of tattooing or body piercing.
Records shall be kept by each permittee of all tattoos and body
piercings administered, including the name of the client, date, general
identification of the tattoo or body piercing, and tattoo artist's
or body piercer's name. Records shall be kept on the premises
of the tattoo or body piercing facility where tattoos or body piercings
are administered. These records shall be available for inspection
for a period of two years after the date the tattoo or body piercing
is completed.
Appeals from orders or permit denials under this chapter shall be in conformance with the procedures for conducting appeals enumerated in Ch. 68, Wis. Stats., codified in Chapter 7 of this Code. An appeal does not eliminate the Village's right to seek court intervention in the form of injunctive or other relief.
The applicable regulations, rules and laws set forth in §§ 252.23,
252.24 and 252.245, Wis. Stats., and Ch. DHS 173, Wis. Adm. Code,
are incorporated in this chapter by reference, and they shall be construed,
read and interpreted as though fully set forth herein. The express
provisions of this chapter shall control where more restrictive.
