[R.O. 2009 §18-161; Ord. No. 2702 §1, 2-26-1997]
No person shall operate a tattoo shop within the corporate limits
of the City of Festus without first obtaining a license to do so from
the office of the City Clerk. Further, no person shall operate a tattoo
shop within the corporate limits of the City of Festus without first
paying all taxes, if any, due to the City and complying with Festus
Code of Ordinances and all rules and regulations of the City.
[R.O. 2009 §18-162; Ord. No. 2702 §2, 2-26-1997]
A. The
following are general requirements pertaining to the operation of
a tattooing shop within the City:
1. No person shall tattoo a person under the age of eighteen (18) years.
2. Tattoos may not be administered to any person under the influence
of drugs or alcohol and the tattooist is charged with the responsibility
of making reasonable observations and inquiries to assure himself/herself
that the patron is, in fact, sober and not under the influence of
drugs.
3. Any tattoo parlor currently operating in the City must be in compliance
with the terms and conditions of this Article within ninety (90) days
of its effective date.
[R.O. 2009 §18-163; Ord. No. 2702 §3, 2-26-1997]
A. Floors. The floor of any room in a tattoo shop where tattoo
procedures occur shall be of good construction, easily cleanable and
non-absorbent. All floors shall be kept clean at all times.
B. Walls And Ceilings. All walls and ceilings, including doors,
windows, skylights and similar closures, shall be kept clean and in
good repair.
C. Lighting. All areas in which tattooing is done shall be
provided with a minimum of twenty (20) foot-candles of light power.
A minimum of ten (10) foot-candles of light power shall be provided
in all other areas.
D. Health Facilities. Each room where tattooing is done shall
be equipped with a handwashing lavatory equipped with hot and cold
running water under pressure. Soap and sanitary towels shall be provided
at each lavatory. Notwithstanding other provisions of this Subsection
to the contrary, facilities required by this Subsection may be provided
in another room, other than a restroom, provided that antiseptic waterless
hand foam is provided in each tattoo room.
E. Tattoo Rooms. Areas or rooms where tattooing is done shall
be separated from the rest of the building by walls and/or partitions.
The building and premises shall be kept in a clean and sanitary condition
at all times and kept free from all health hazards.
[R.O. 2009 §18-164; Ord. No. 2702 §4, 2-26-1997]
A. Generally. All instruments, such as needles and other items
of any material, which come into contact with the human skin shall
be sterilized before use. A separate sterilized needle or instrument
shall be used for each patron. No sterile instrument shall be kept
for more than ninety (90) days without resterilization. Date of sterilization
shall be written on the package containing sterile instruments in
permanent ink or print.
B. Method Of Sterilization. All instruments which come in contact
with the human skin shall be sterilized by the following method: Sterilization
shall be caused by steam under pressure at a temperature not less
than two hundred seventy-three degrees Fahrenheit (273°F) and
fifteen (15) to thirty (30) pounds of pressure per square inch for
fifty-five (55) minutes from cold start or thirty-five (35) minutes
from hot start or any method approved by State and City health authorities.
C. Needles. All needles shall be single service. All sharps
shall be disposed of in a capped, puncture-proof "sharps" containers
filled with a solution of five and one-quarter percent (5.25%) bleach
according to local health regulations.
[R.O. 2009 §18-165; Ord. No. 2702 §5, 2-26-1997]
A. General Requirements. All ink used in tattooing shall be
sterile and of a type recommended for tattooing.
B. Containers. Ink shall be poured into single-service disposable
sterile caps, ink cups or trays and not reused from one client to
another. No large containers of ink or color materials shall be used.
Caps, cups and trays shall be discarded after use to preclude or mitigate
against the possibility of contamination of sterile items.
[R.O. 2009 §18-166; Ord. No. 2702 §6, 2-26-1997]
A. The
skin surrounding the area where the tattoo is to be placed shall first
be washed with a germicidal soap and then shaved with a disposable
blade. Following shaving, the skin must be gently scrubbed with seventy
percent (70%) isopropyl alcohol using a sterile gauze pad which shall
be disposed of after use.
B. After Tattooing. After the tattooing process is completed,
the area shall be covered with a sterile bandage or gauze.
[R.O. 2009 §18-167; Ord. No. 2702 §7, 2-26-1997]
A. Disease. No person, while affected with any disease in a
communicable form or while a carrier of any communicable disease or
while affected with boils, infected wounds, sores or respiratory infections,
shall engage in tattooing. The Building Official or his/her designee
may, after showing probable cause, require the tattoo operator to
furnish a certificate from a licensed physician that he/she is free
of communicable diseases.
B. Cleanliness. All persons engaged in tattooing shall maintain
a high degree of personal cleanliness while on duty.
1. Neither the patron or tattoo operator shall consume or bring food
or drink into the tattooing area and shall not smoke during the procedure
or in the room(s) where the tattooing takes place.
2. The tattoo operator must be free from communicable disease while
administering tattoos and present no pustular lesions of the hands
or arms.
3. Immediately before administering a tattoo, the tattoo operator must
thoroughly wash his/her hands in hot water with soap, using a short-bristled
brush and then dry the hands with a disposable paper towel.
4. The tattoo operator shall wear a clean and easily cleanable smock
while administering the tattoo procedure.
5. The tattoo operator, while administering a tattoo, shall wear an
effective hair restraint, must have clean fingernails and shall in
general pay particular attention to his/her personal hygiene.
6. Individual razor blades shall be used when the customer is shaved. The razor shall then be disinfected and prepared as in Section
610.490(B).
7. During any phase of the tattoo procedure, should the tattoo operator be interrupted for other duties, i.e., answering phone, etc., the tattoo operator shall wash his/her hands as in Subsection
(3) above before resuming the tattoo procedure.
8. The tattoo shall be bandaged with a sterile non-stick type bandage
when tattoo is finished.
9. All infections resulting from the practice of tattooing shall be
reported to the Building Official by the person owning or operating
the tattooing establishment.
[R.O. 2009 §18-168; Ord. No. 2702 §8, 2-26-1997]
The City shall cause the City Building Official or his/her designee
to inspect all tattooing shops at least once every six (6) months
to determine compliance with this Article and to issue a certificate
of compliance.
[R.O. 2009 §18-169; Ord. No. 2702 §9, 2-26-1997]
If, at any time, the City advises the operator of a tattooing
shop that said operator is in violation of the health and sanitary
provisions for herein, the City shall immediately suspend said operator's
license until such time as the operator is offered an opportunity
to respond to the City's finding. Such opportunity to respond must
be granted within five (5) days of the date of suspension. Said opportunity
to respond shall be before the City Council. Said operator may be
represented at said opportunity to respond by a representative, in
person or both.
[R.O. 2009 §18-170; Ord. No. 2702 §10, 2-26-1997]
Each operator of a tattoo shop must advise the patron before
administering a tattoo that the tattoo should be considered permanent;
that it can only be removed with a surgical procedure; and that any
effective removal may leave permanent scarring and disfigurement.
A written cautionary notice to that effect shall be furnished and
signed by the patron and retained on file at the establishment by
the operator for a period of three (3) years. Such records shall be
made available to the Building Official or his/her designee upon demand.
[R.O. 2009 §18-171; Ord. No. 2702 §11, 2-26-1997]
Tattoo operators shall not attempt to remove tattoos. Any attempt
by a tattoo operator to remove a tattoo shall result in the immediate
suspension of the business license.
[R.O. 2009 §18-172; Ord. No. 2702 §12, 2-26-1997]
The office of the City Clerk is hereby directed to provide all
forms and licenses identified in this Chapter. The office of the City
Administrator is hereby directed to provide all regulations and requirements
necessary to implement the provisions of this Article.
[R.O. 2009 §18-173; Ord. No. 2702 §13, 2-26-1997]
No license for operating the business of tattooing shall be
issued when the issuance thereof would increase the number of such
licenses outstanding and in force at that time to more than one (1)
per each ten thousand (10,000) inhabitants residing within the City
according to the last decennial census of the United States.
[R.O. 2009 §18-174]
Any person, corporation or firm who shall violate any of the
provisions of this Article or fail to comply with any order or regulation
made thereunder shall be deemed guilty of an ordinance violation and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100.00) or more than five hundred dollars ($500.00).