[R.O. 2014 §625.010; Ord. No. 1096, 10-28-2004]
As used in this Chapter, the following words shall have the meanings set out herein:
- An apparatus, device or mechanism for sterilizing articles by using superheated steam under pressure.
- BRAND OR BRANDING
- A permanent mark made on human tissue by burning with a hot iron or other instrument.
- An individual who, for a fee, performs branding on a patron at the patron's request.
- BRANDING ESTABLISHMENT
- The premises where a brander performs the process of branding.
- CERTIFICATE OF INSPECTION
- Written approval from the Health Officer or his/her authorized representative that said branding and tattoo establishment has been inspected and meets all of the terms of this Chapter relating to physical facilities, equipment and layout for operation of such business.
- The removal of foreign material, soil, dirt and any other type of debris from all equipment coming into contact with a patron and is normally accomplished with detergent, water and mechanical action.
- A chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
- HEALTH OFFICER
- A single term which shall mean the City Health Officer or his/her authorized representative.
- Any individual, firm, company, corporation or association that owns or operates an establishment where branding and/or tattooing is performed and any individual who performs or practices the art of branding and/or tattooing on the person of another.
- A person receiving a tattoo or brand.
- A structure or building in which a branding and tattoo parlor is situated.
- SINGLE USE
- A product or item that is disposed of after one (1) use, such as a needle, cotton swab or ball, tissue or paper product, a paper or soft plastic cup, non-absorbent gloves, and/or gauze and other sanitary coverings.
- The killing of all organisms and spores through use of an autoclave operated at a minimum of two hundred fifty degrees Fahrenheit (250° F) at a pressure of at least twenty (20) pounds per square inch for not less than thirty (30) minutes.
- TATTOO ESTABLISHMENTS
- The premises where a tattooist performs tattooing on patrons.
- Any individual who, for a fee, tattoos a patron at the patron's request.
[R.O. 2014 §625.020; Ord. No. 1096, 10-28-2004]
In order to regulate the practice of branding and tattooing and to protect the peace, safety and welfare of the residents of the City of Marshfield, it shall be unlawful for any person to engage in the business of operating an establishment for the purpose of branding and tattooing without first obtaining a license to engage in such business in accordance with the provisions hereof.
[R.O. 2014 §625.030; Ord. No. 1096, 10-28-2004]
An application for a license shall be accompanied by a fee in the amount of twenty-five dollars ($25.00); provided however, that no application fee shall be required for renewal of an existing license. Any change of ownership shall require a new application and license with payment of fees therefore, a separate license is required for each branding or tattoo establishment.
[R.O. 2014 §625.040; Ord. No. 1096, 10-28-2004]
The license fee for engaging in the business of operating a branding and/or tattoo establishment within the City of Marshfield shall be twenty-five dollars ($25.00) per annum and said license shall be on a yearly basis beginning July first (1st) of each year and may be apportioned on a semi-annual basis and shall be non-transferable.
[R.O. 2014 §625.050; Ord. No. 1096, 10-28-2004]
Every person applying for a branding and tattoo establishment license shall file a written application and plat with the Health Officer setting forth his/her qualifications as follows:
Name, address, birth date and place of birth.
His/her employment background for twelve (12) years prior to the date of application and whether any previous business or occupational license, including any alcoholic beverage license and branding and/or tattoo establishment license, has been revoked or suspended and for what reasons.
Such other facts relevant to the general history of the applicant as he/she or the Health Officer find necessary to a fair determination of the applicant's eligibility for a license.
The applicant shall also file a plat or drawing of the proposed premises showing the dimensions thereof together with the proposed number and location of the branding and tattoo chairs and also indicating the location of all doorways, windows, lights, entrances and exits to the premises and the restroom facilities and such plat shall remain as a part of the record concerning the application and premises.
[R.O. 2014 §625.060; Ord. No. 1096, 10-28-2004]
In addition to the application and plat, the applicant for a branding and/or tattoo establishment license shall also file with the Health Officer, together with the application and plat, a written petition in favor of the issuance of such license signed by a majority of the persons, if any, occupying premises or conducting business on the main surface floor within the prescribed petition circle drawn by a radius of seven hundred fifty (750) feet plus one-half (½) of the width of the front of the premises from the center of such premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.
[R.O. 2014 §625.070; Ord. No. 1096, 10-28-2004]
The Health Officer shall not approve or issue a license for the operator of a branding or tattoo establishment or premises within seven hundred fifty (750) feet of an elementary or secondary school. For purposes of this Section, the distance between the elementary or secondary school and the branding or tattoo establishment premises shall be considered to be the distance between the nearest point of the building used for school purposes.
[R.O. 2014 §625.080; Ord. No. 1096, 10-28-2004]
The Health Officer, in his/her discretion, may approve such application if he/she is satisfied that the applicant is of good moral character and that the applicant has given evidence that he/she will be able to operate the premises in compliance with all regulations and laws governing such premises and the applicant is a resident of the State of Missouri and his/her neighborhood consent petition is in good form and the applicant's premises are not within seven hundred fifty (750) feet of an elementary or secondary school as provided. The Health Officer may propose and require changes in the premises in regard to the doorways, windows, lights, entrances, exits and toilet facilities and in regard to the number and location of tattoo chairs before granting his/her approval of the application.
[R.O. 2014 §625.090; Ord. No. 1096, 10-28-2004]
All branding and tattoo establishments shall be open duly between the hours of 8:00 A.M. and 10:00 P.M. Central Standard Time or Daylight-Saving Time, whichever shall be in effect. All branding and tattoo establishments shall have all patrons removed and the doors locked by the closing time mentioned herein and shall suffer no persons subject to curfew regulations to be or remain on the premises in violation of the curfew hours. Any licensee who repeatedly violates this curfew regulation concerning curfew hours shall be deemed to have prima facie violated these regulations without showing of other violations.
[R.O. 2014 §625.100; Ord. No. 1096, 10-28-2004]
Each person who operates a branding and tattooing establishment shall comply with the following requirements:
The room in which tattooing 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.
All branding and tattoo establishments shall be kept clean and well lighted so that the rear of the premises is plainly visible from the front of such premises.
A toilet shall be located in the establishment and shall be accessible at all times that the branding and tattoo establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary hand towels.
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a like color, with a smooth washable finish and shall be separated from waiting customers or observers by a panel at least six (6) feet high or by a door.
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
The operator shall wash his/her hands thoroughly with soap and water before starting to brand and tattoo.
No branding and tattooing shall be done on any skin surface that has a rash, pimples, boils, infections or manifest any evidence of unhealthy conditions.
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.
Safety razors with a new single surface blade for each customer or patron or a straight edge razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.
The area to be branded or tattooed 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 branding or tattooing is 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 as approved by the Health Officer shall be used on the area to be branded or tattooed and it shall be applied with sterile gauze.
The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.
Inquiries shall be made and anyone giving a history of recent jaundice or hepatitis may not be branded or tattooed.
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 work on a patron and any dye in which the needles were dipped shall not be used on any other person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or disposable paper tissue which shall be used only on one (1) person and then immediately discarded. After completing work on any person, the branded or tattooed area shall be washed with sterile gauze, saturated with an antiseptic soap solution approved by the Health Officer 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 shall then be fastened to the tattooed area with adhesive.
[R.O. 2014 §625.110; Ord. No. 1096, 10-28-2004]
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.
A steam sterilizer (Autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person or patron. Sterilization of equipment will be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of twenty (20) pounds per square inch, temperature of two hundred fifty degrees Fahrenheit (250°F); chemical disinfectants or germicides are not acceptable in lieu of heat.
All equipment such as needles that pierce the skin or pigment capsules should be used a single time on a single customer in order to ensure that bloodborne diseases are not transmitted. An individual packaging of needles is preferred for maintenance and sterility.
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during branding and tattooing so that they will not be contaminated.
All pigments, dyes, colors and other items used in branding and 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 customer or patron shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded after use on each customer or patron.
All bandages and surgical dressings used in connection with the tattooing of a person shall be sterile.
[R.O. 2014 §625.120; Ord. No. 1096, 10-28-2004]
No branding and tattooing establishment shall suffer or permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of such premises and shall prevent the loitering of persons on the premises or on or around the grounds thereof.
[R.O. 2014 §625.130; Ord. No. 1096, 10-28-2004]
A licensee shall not increase the number of branding and tattoo chairs over the number specified in his/her plat filed with the Health Officer; provided however, the Health Officer may authorize such increase upon application by the licensee.
[R.O. 2014 §625.140; Ord. No. 1096, 10-28-2004]
Permanent records for each patron or customer shall be maintained by the licensee or operator of the establishment. Before the branding and tattooing operation begins, the patron or customer shall be required personally to enter on a record form provided for such establishment the date, his/her name, address, age, Social Security number and his/her signature. Such records shall be maintained in the branding and tattooing establishment and shall be available for examination by the Health Officer. Records shall be retained by the operator or licensee for a period not less than two (2) years. In the event of a change of ownership or closing of the business, all such records shall be made available to the Health Officer.
[R.O. 2014 §625.150; Ord. No. 1096, 10-28-2004]
Verbal and written instructions regarding hygienic aftercare of a brand or tattoo shall be given to each customer and each customer should be instructed to report complications to the regulated establishment.
[R.O. 2014 §625.160; Ord. No. 1096, 10-28-2004]
No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be branded or tattooed. All infections resulting from the practice of branding and tattooing which become known to the operator shall promptly be reported to the Health Officer by the persons owning or operating the branding and tattooing establishment and the infected client shall be referred to a physician.
[R.O. 2014 §625.170; Ord. No. 1096, 10-28-2004]
No person, customer or patron who is under either the influence of alcohol or drugs or who is under pressure or duress shall be branded or tattooed.
No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this Section in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of an ordinance violation.
[R.O. 2014 §625.180; Ord. No. 1096, 10-28-2004]
There shall not be allowed smoking or consumption of food or alcohol in the area where a branding and tattooing procedure is performed. The licensee and patrons may consume non-alcoholic beverages during the procedure. Alcoholic beverages shall not be consumed on the premises.
[R.O. 2014 §625.190; Ord. No. 1096, 10-28-2004]
An applicant for a license to operate a branding or tattooing establishment shall first obtain a certificate of inspection from the Health Officer indicating the establishment has been inspected and is in compliance with the provisions of this Chapter.
[R.O. 2014 §625.200; Ord. No. 1096, 10-28-2004]
The Health Officer may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not said establishment and the persons performing the art of branding and tattooing therein are in compliance with all applicable health provisions contained within this Chapter and other pertinent ordinances. It shall be unlawful for any person or operator of a branding or tattooing establishment to willfully prevent or restrain the Health Officer from entering any licensed establishment where branding and/or tattooing is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
[R.O. 2014 §625.210; Ord. No. 1096, 10-28-2004]
A licensee of a branding and tattoo establishment who has obtained a license under this Chapter may obtain a renewal of his/her license by filing renewal applications provided by the Health Officer, which shall contain the signed statement of the licensee that there has been no change in the information provided on the original application and plat; if, however, such change has occurred, the applicant for renewal of the license must state the changes. The Health Officer may approve such application for renewal without the personal appearance of the licensee; provided however, that the Health Officer may require the licensee to appear before him/her and to furnish such additional information as he/she deems necessary.
[R.O. 2014 §625.220; Ord. No. 1096, 10-28-2004]
The Health Officer or any employee designated by him/her may, without previous notification and at any time, inspect the regulated establishment. The Health Officer may provide the licensee with a checklist showing any deficiencies noted during the inspection. All branding and tattooing shall cease until the deficiencies noted are corrected to the satisfaction of the Health Officer. If, at any time, the Health Officer deems that the branding and tattooing procedures are detrimental to the public health, he/she may issue a temporary restraining order in writing to the licensee and this notice may be served upon the licensee or any person employed by the licensee or left at the regulated establishment or the notice of temporary abatement may also be served by United States mail, return receipt requested.
Upon receipt of a notification of abatement, the licensee and all of his/her agents or employees shall immediately cease the performing of any further branding and tattooing until a hearing may be had by the Board of Aldermen of the City of Marshfield for the purpose of determining whether or not the temporary notice of abatement should be made permanent.
The Health Officer, in the notice of the temporary abatement, shall specify the time and place for a hearing to be held for the purpose of determining whether or not the temporary order of abatement should be made permanent. The licensee will be notified of the time and place of the hearing and be advised of his/her right to be represented by counsel at said hearing and to introduce any evidence in his/her own behalf. The Board of Aldermen of the City of Marshfield may receive such information as they deem reliable for purposes of protecting the public health.
At the conclusion of the hearing, the Board of Aldermen of the City of Marshfield may issue a permanent abatement order or a conditional abatement order. If a conditional abatement order is issued, it shall specify the deficiencies noted and the time within which the licensee shall have an opportunity to correct the same. If deficiencies are not corrected within that period of time, the abatement order will, in any event, be made permanent.
[R.O. 2014 §625.230; Ord. No. 1096, 10-28-2004]
Whenever the Health Officer refuses to grant or renew a license, he/she shall notify the applicant for said license or the licensee, whichever the case may be, of his/her decision and the reason therefore and shall further inform the applicant or licensee that he/she is entitled to a formal hearing before the Board of Aldermen of the City of Marshfield concerning said proposed application or renewal. The applicant or licensee must then file a request for such a formal hearing within fourteen (14) days after said date of notification or the Health Officer's refusal to grant said license or to renew said license shall be final and non-appealable. After a formal hearing (to be conducted in the same manner as a hearing for abatement as previously set forth herein), a majority of the Board of Aldermen of the City of Marshfield may affirm or modify the decision of the Health Officer as it deems necessary.
[R.O. 2014 §625.240; Ord. No. 1096, 10-28-2004]
The Health Officer may suspend any or all of the licensee's licenses for a period of not more that thirty (30) days or any portion thereof or may revoke any or all of the licensee's licenses for any branding and tattoo establishment premises whenever it is found that the licensee has obtained any license through misrepresentation or fraud or that the licensee has disregarded or violated any of the regulations or laws for branding and/or tattoo establishment premises. The licensee shall be notified in writing of the charges or infractions. These shall be mailed to the licensee at the address of any of his/her licensed premises or at the last known residence of the licensee. A public hearing shall be held before the Board of Aldermen of the City of Marshfield at a specified time and at such hearing evidence under oath shall be heard concerning the charges or infractions of the licensee or his/her attorney may present evidence and answer or defense thereto. Evidence of infractions or violations other than those specified in writing to the licensee may also be presented at such hearing; provided however, that the licensee shall be given reasonable additional time if he/she so requests to prepare his/her answer or defense to such additional infractions or violations. The Board of Aldermen of the City of Marshfield shall render a decision within thirty (30) days after completion of the formal hearing and shall mail a copy of its decision to the licensee. Appeals from the decision of the Board of Aldermen of the City of Marshfield may be taken by the licensee as provided by law. Any person whose license has been revoked shall not again be allowed to obtain a branding and tattoo establishment license for two (2) years next thereafter.
[R.O. 2014 §625.250; Ord. No. 1096, 10-28-2004]
The Health Officer is authorized to adopt all necessary forms to enact, promulgate and enforce all rules and regulations necessary for the reasonable interpretation and enforcement of this Chapter.
[R.O. 2014 §625.260; Ord. No. 1096, 10-28-2004]
The regulations set forth in this Chapter shall apply to all licensed branding and/or tattoo establishments and a licensee or operator of a branding and tattoo establishment is, at all times, responsible for the orderly conduct of his/her branding and/or tattoo establishment and the acts of any of his/her agents, servants or employees in the operation of his/her branding and/or tattoo establishment.
[R.O. 2014 §625.270; Ord. No. 1096, 10-28-2004]
The City Clerk is hereby prohibited from issuing a branding and tattoo establishment license until an authorization therefore has been issued by the Health Officer. Should any license issued under this Chapter be ordered revoked, the City Clerk shall, immediately upon receipt of such notice of revocation, revoke the branding and/or tattoo establishment license for branding and tattoo establishments and operators thereof by written notice addressed to any of his/her licensed premises or at his/her last known address. Whenever a license shall be revoked by the Health Officer, he/she shall immediately notify the City Clerk of such revocation.
[R.O. 2014 §625.280; Ord. No. 1096, 10-28-2004]
The operator of any branding and tattoo establishment which is in operation on October 28, 2004, shall be required to obtain a license for his/her premises. He/she shall file an application and plat as required herein before the Health Officer within ninety (90) days of October 28, 2004; provided however, that he/she shall be subject to all other rules, regulations and powers of suspension and revocation and provisions for renewal of licenses as provided in this Chapter.
[R.O. 2014 §625.290; Ord. No. 1096, 10-28-2004]
In addition to the revocation and suspension of any license, any person found guilty of violating any provisions of this Chapter shall pay a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or be sentenced to a term of not more than ninety (90) days in jail or be punished by both such fine and imprisonment for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[R.O. 2014 §625.300; Ord. No. 1096, 10-28-2004]
This Chapter shall be in full force and effect from and after its passage by the Board of Aldermen of the City of Marshfield. Ordinances, or parts of ordinances, in conflict with this Chapter are hereby repealed.