[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.
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.
The premises where a brander performs the process of branding.
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.
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.
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.
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]
A.
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:
1.
Name, address, birth date and place of birth.
2.
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.
3.
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.
4.
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]
A.
Each
person who operates a branding and tattooing establishment shall comply
with the following requirements:
1.
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.
2.
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.
3.
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.
4.
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.
5.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
6.
The operator shall wash his/her hands thoroughly with soap and water
before starting to brand and tattoo.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
The use of styptic pencils, alum blocks or other solid styptics to
check the flow of blood is prohibited.
13.
Inquiries shall be made and anyone giving a history of recent jaundice
or hepatitis may not be branded or tattooed.
14.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
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.
C.
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.
D.
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.
